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HomeMy WebLinkAbout2006-01-04; Planning Commission; Resolution 59591 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5959 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO REVISE THE PROCEDURES AND REGULATIONS GOVERNING USES ALLOWED UPON THE APPROVAL OF A CONDITIONAL USE PERMIT (CUP). CASE NAME: CUP CODE REVISIONS CASE NO.: ZCA 04-09 WHEREAS, in accordance with Section 21.52.020 of the Carlsbad Municipal Code, the Planning Director has prepared an amendment to Title 21 of the Municipal Code (Zoning Ordinance) relating to procedures and regulations governing uses allowed upon the approval of a Conditional Use Permit (CUP); and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit “X,” dated January 4, 2006, and attached hereto CUP CODE REVISIONS - ZCA 04-09; and WHEREAS, the Planning Commission did on the 4th day of January 2006, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of CUP CODE REVISIONS - ZCA 04-09, based on the following findings: ... ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: 1. The proposed Zone Code Amendment, ZCA 04-09, is consistent with the General Plan in that it provides an updated and streamlined permit process to allow for the development of: a) convenient and desirable land uses within certain zones when such uses are designed or are subjected to specific conditions to assure compatibility within the zone and its surroundings; b) schools, parks and recreational areas, churches and commercial uses in close proximity to each resident of the City; c) agricultural uses (greenhouses) throughout all zones of the City and d) residential uses in the Planned Industrial zone and in commercial zones above ground floor commercial uses. 2. The proposed Zone Code Amendment, ZCA 04-09, reflects sound principles of good planning in that it: a) ensures internal consistency between the Conditional Use Permit Chapter 21.42 and all other land use zones within the City’s Zoning Ordinance and b) implements the goals and objectives of the General Plan. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of January 2006, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Whitton NOES: ABSENT: ABS IN: m JEFFRE N. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: h DON NEU Assistant Planning Director PC RES0 NO. 5959 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit “X” January 4,2005 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE MUNICIPAL CODE AND THE LOCAL COASTAL PROGRAM BY (1) REPEALING AND RENACTING CONDITIONAL USE PERMIT CHAPTER 21.42, TITLE 21 , . OF THE CARLSBAD MUNICIPAL CODE, (2) AMENDING CHAPTER 21.50, VARIANCES AND CONDITIONAL USE PERMITS, TO DELETE REFERENCES TO CONDITIONAL USE PERMITS, (3) AMENDING CHAPTER 21.04, DEFINITIONS, TO ADD DEFINITIONS FOR DELICATESSEN, EDUCATIONAL FACILITIES (OTHER), GAS STATION, AND PUBLIC AND QUASI PUBLIC BUILDINGS AND ACCESSORY UTILITY BUILDINGS AND FACILITIES, (4) AMENDING CHAPTER 21.44, PARKING, TO ADD A PARKING STANDARD FOR DELICATESSENS, AND (5) AMENDING THE SECTIONS ON ALLOWED USES AND CONDITIONAL USES WITHIN ALL ZONES. CASE NAME: CUP CODE REVISIONS CASE NO.: ZCA 04-09 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Title 21 , Chapter 21.42, Conditional Use Permits, is repealed and reenacted as follows: TITLE 21 MINOR CONDITIONAL USE PERMITS AND CONDITIONAL USE PERMITS 21.42.010 . 21.42.020 21.42.030 21.42.040 21.42.050 21.42.060 21.42.070 2 1.42.080 21.42.090 21.42.1 00 21.42.1 10 21.42.120 21.42.130 2 1.42.140 Ill Ill CHAPTER 21.42 Purpose Authority. Findings of fact. Conditions which may be added prior to granting permit. Application and fees. Notices and hearings. Decision making process Announcement of findings and decision. Mailing of notice of decision. Appeals. Expiration period. Revocation. Amendment. Development standards and special regulations 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.42.010 Purpose The purpose of the minor conditional use. permit or conditional use permit is to allow special consideration for certain uses to be located in zones other than those in which they are classified as permitted because of their particular characteristics. Such uses may only be suitable in specific locations in a zoning classification or only if such uses are designed or laid out in a particular manner on the site or are subjected to specific conditions to assure compatibility within the zone and its surroundings. Since it would be impractical and detrimental to the peace, health, safety and general welfare to permit such uses in all areas of the city in any one or more zones, the peace, health, safety and general welfare will be promoted if such uses are authorized only by minor conditional use permit or conditional use permit in accordance with the standards hereinafter set forth. The privileges and conditions of a minor conditional use permit or conditional use permit are a covenant that runs with the land, and, in addition to binding the permittee, bind each successor in interest. 21.42.020 Authority. The Planning Director or his designee may approve, conditionally approve or deny minor conditional use permits and the Planning Commission or City Council may approve, conditionally approve or deny conditional use permits, for uses in zones as prescribed in the this title, upon making the findings of fact listed in 21.42.030 below. 21.42.030 Findings of fact. A. A minor conditional use permit or conditional use permit shall be granted only if the following facts are found to exist in regard thereto: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood. 4. That the street system serving the proposed use is adequate to properly hahdle all traffic generated by the proposed use. B. When the subject of the application for minor conditional use permit or conditional use permit is protected by the First Amendment to the United States Constitution, or Article I, Section 2 of the California Constitution then only the definite objective guidelines and standards of this chapter and of any other chapter of this code applicable to the property shall apply. The general health, safety and welfare requirements of this subsection shall not apply and any requirements of this code which may not be constitutionally applied shall be severed from the requirements which may be constitutionally applied and those applicable shall remain in full force and effect. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.42.040 Conditions which may be added prior to granting permit. A. In granting a minor conditiqnal use permit or conditional use permit, any and all conditions necessary to protect the public health, safety and welfare, may be added thereto, including but not limited to the following: 1. Regulation of use; 2. Special yards, open space, and buffers; 3. Fences and walls; 4. Dedicating and improving public improvements; 5. Regulation of points of vehicular ingress and egress; 6. Requiring placement and maintenance of landscaping; 7. Regulation of signage, noise, vibration, odors, etc.; 8. Regulation of time for certain uses on the subject property; 9. Time schedule for developing the proposed use; IO. Time period during which the proposed use may be continued; 11. Any other conditions necessary for the development of the city in an orderly and efficient manner and in conformity with the intent and purpose set forth in this chapter. 21.42.050 Application and fees. A. Application for a minor conditional use permit or conditional use permit may be made by the owner of the property affected or the authorized agent of the owner. Application shall be made in writing on a form provided by the planning department. The application shall state fully the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the planning department. At the time of filing the application the applicant shall pay a processing fee in an amount as specified by city council resolution. 6. 21 -42.060 Notices and hearings. A. Upon the filing of an application for a minor conditional use permit, the planning director shall give written notice by mail or personal delivery to the project applicant, the owner of the subject real property or the owner’s duly authorized agent and to all property owners as shown on the latest equalized assessment roll within three hundred (300) feet of the subject property at least fifteen (1 5) days prior to a decision on the application. Upon the filing of an application for a conditional use permit, the planning commission or city council shall give public notice, as provided in Section 21.54.060(1) of the intention to consider at a public hearing the granting of a conditional use permit. B. 2f.42.70 Decision making process A. Applications for minor conditional use permits or conditional use permits shall be acted upon in accordance with one of three decision processes identified below. As required by Chapter 21.208, commercial/visitor-serving uses located within the commercial/visitor-serving overlay zone shall be decided by process three. 1. Process One - Minor Conditional Use Permit. a. To determine whether the conditional use permit is decided by process one, please refer to the use regulation table in each zone. b. Any person so notified in accordance with Section 21.42.060(A) above may file written objections or a written request to be heard within ten (IO) days after the mailing or personal delivery of the notice. If a written request to be heard is filed, the -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 planning director shall schedule an informal hearing and provide written notice to the applicant and the requestor at least five (5) days prior to the hearing. The hearing is not a formal public hearing. c. An application for a minor conditional use permit may be approved, conditionally approved or denied by the planning director based upon hidher review of the facts as set forth in the application and review of the circumstances of the particular case. d. The planning director may approve the minor conditional use permit if all of the findings of fact in Section 21.42.030 are found to exist. 2. Process Two. a. To determine whether the conditional use permit is decided by process two, please refer to the use regulation table in each zone. b. An application for certain conditional use permits may be approved, conditionally approved or denied by the planning commission at a public hearing noticed in accordance with Sections 21 54.060, 21.54.061 and 21 S4.062. c. The planning commission shall hear the matter, and may approve the conditional use permit if, from the evidence presented at the hearing, all of the findings of fact in Section 21.42.030 are found to exist. 3. Process Three. a. To determine whether the conditional use permit is decided by process three, please refer to the use regulation table in each zone. b. An application for certain conditional use permits may be approved, conditionally approved or denied by the city council at a public hearing noticed in accordance with Sections 21 54.060, 21.54.061 and 21 54.062. c. Before the city council decision, the planning commission shall hear and consider the application for a conditional use permit and shall prepare a recommendation and findings for the city council including all matters set out in Section 21.42.030. The action of the commission shall be filed with the city clerk, and a copy shall be mailed to the applicant. d. When the planning commission action is filed with the city clerk, the clerk shall set the matter for public hearing before the city council, to be noticed and held in accordance with the provisions of Chapter 21 54. e. The city council shall hear the matter, and after considering the findings and recommendations of the planning commission, may approve the conditional use permit if, from the evidence presented at the hearing, all of the findings of fact in Section 21.42.030 are found to exist. 21.42.080 Announcement of findings and decision. A. Not more than twenty (20) days following the termination of the proceedings for a minor conditional use permit or a public hearing for a conditional use permit, the planning director shall announce his/her findings by letter and the planning commission or city council shall announce its findings by formal resolution. The letter or resolution shall recite, among other things: 1. The facts and reasons which, in the opinion of the planning director, planning commission or city council, make the granting or denial of the minor conditional use permit or conditional use permit necessary to carry out the provisions and general purpose of this title. 2. That the minor conditional use permit or conditional use permit be granted or denied. 3. If the letter or resolution orders that the minor conditional use permit or conditional use permit, be granted, it shall also recite such conditions and limitations as the planning director, planning commission or city council may impose. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.42.090 Mailing of notice of decision. A. Not later than seven (7) days following the announcement of a decision ordering that a minor conditional use permit or conditional use permit be granted or denied, a copy of the letter or resolution shall be mailed to the applicant at the address shown on the application filed with the planning director, planning commission or city council. 21.42.100 Appeals. A. In the case of minor conditional use permits, the action of the planning director may be appealed to the planning commission in accordance with Section 21.54.140. The planning commission’s action to approve, conditionally approve or deny is final. In the case of conditional use permits, the action of the planning commission may be appealed to the city council in accordance with Section 21.54.150. The city council’s action to approve, conditionally approve or deny is final. B. 21.42.1 10 Expiration period. A. Expiration of permit if not exercised. Any minor conditional use permit or conditional use permit becomes null and void if not exercised within (18) months of the date of approval. B. Extension of permit if not exercised. The planning director/ planning commission/city council may extend the time within which the right or privilege granted under a minor conditional use permit or conditional use permit must be exercised for one (1) additional year upon receipt of a written request from the applicant prior to the expiration of such minor conditional use permit or conditional use permit. In granting such extension the planning director/ planning commission/city council shall make a written finding that neighborhood conditions have not substantially changed since the granting of such minor conditional use permit or conditional use permit. Expiration of permit. Such rights and privileges granted under a minor conditional use permit or conditional use permit shall also expire at such time as the planning director/ planning commission/city council may designate in the approval of the minor conditional use permit or conditional use permit. All existing conditional use permits approved prior to the effective date of this amended ordinance which include an expiration date and a requirement to extend the permit, may be hereby approved administratively by the Planning Director in perpetuity without the requirement to extend the conditional use permit. C. D. 21.42.120 Revocation. * A. B. The planning director/ planning commission/city council shall have continuing jurisdiction over any minor conditional use permit or conditional use permit. To consider the revocation of a minor conditional use permit, the planning director shall hold an informal hearing after giving notice by the same procedure as for consideration of a minor conditional use permit. C. To consider the revocation of a conditional use permit the planning commission/city council shall hold a public hearing after giving notice by the same procedure as for consideration of a conditional use permit request. D. The planning director/ planning commission/city council may revoke and terminate the minor conditional use permit or conditional use permit in whole or in part, reaffirm the minor conditional use permit or conditional use permit, modify the conditions or impose new conditions. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. F. The action of the planning director/ planning commission is appealable by the A minor conditional use permit or conditional use permit may be revoked or 1. That the minor conditional use permit or conditional use permit was obtained 2. That the use for which such approval is granted is not being exercised; or 3. That the minor conditional use permit or conditional use permit is being or 4. That the use for which such approval was granted has ceased to exist or has 5. That the use is in violation of any statute, ordinance, law or regulation; or 6. That the use permitted by the minor conditional use permit or conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance. same procedure as for the minor conditional use permit or conditional use permit. conditions modified or added on any one or more of the following grounds: by fraud or misrepresentation; or recently has been exercised contrary to any of the terms or conditions of approval; or been suspended for one year or more; or 21.42.1 30 Amendment. Any approved minor conditional use permit or conditional use permit may be amended by following the same procedure as for approval of a minor conditional use permit or conditional use permit and upon payment of the application fee contained in the most recent fee schedule adopted by the City Council. 21.42.140 Development Standards and Special Regulations A. The following development standards applicable to the particular zone in which any minor conditional use or conditional use is proposed to be located shall prevail, unless in the findings and conditions recited in the letter or resolution dealing with each such matter, specific exemptions are made with respect thereto: 1. Front and side yard setbacks; 2. Building height; 3. Lot area; and 4. Off street parking. B. The minor conditional uses and conditional uses identified in this section shall be subject to the following special regulations: 2. Agricultural farm worker housing (temporary): a. A CUP is required unless exempted by Government Code Section 65589.4. u 5. Apiary: a. All hives or boxes housing bees shall be placed at least 400 feet from any street, school, park, residential zone, or dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary. IO. Aquaculture stands: a. In considering. the appropriateness of such facility the minimum following criteria shall be considered: i. Safe access, ii. Adequate parking, iii. Location and appearance of structure or facility, -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - iv. Appearance and location of signs, v. Compatibility with adjacent uses, vi. Scale of operation. 15. Arcades (coin-operated): a. No alcoholic beverages shall be permitted on premises. b. All activities shall be conducted within the confines of a structure c. An opening shall be provided through which an unobstructed view of designed to contain the noise created by such operation. the interior of the premises can be obtained from the exterior of the building. 20. Bars and cocktail lounges: a. An opening shall be provided through which an unobstructed view of b. Parking shall be provided at the rate of not less than 1 space per 50 c. Surrounding grounds, including parking areas, shall be maintained in d. Any structure housing such operation shall meet all applicable code e. Licensee or agent shall not permit open containers of alcoholic liquor f. No bar or cocktail lounge shall be located within 500 feet of any other the interior of the premises can be obtained from the exterior of the building. square feet of gross floor area. a neat and orderly condition at all times. provisions prior to occupancy. to be taken from the premise. bar or cocktail lounge. 25. Bed and breakfast uses: a. All proposed bed and breakfast uses shall be located within a historically or architecturally interesting structure which is located in a scenic or other area of the city with a unique character. b. A resident manager or owner must live at and be involved in the daily operation of the facility. Documents pertaining to the operation and maintenance of such facility shall be submitted for staff approval prior to building permit issuance. c. All bed and breakfast uses shall contain no less than 3 and no more than 8 individually decorated guest rooms. A common room shall be available for social interaction. d. If meals are served other than for guests staying at the facility, then the use shall be subject to the requirements of this code for the establishment of a restaurant. e. Parking spaces shall be provided at a ratio of 2 spaces for the ownedmanager, plus 1 space for each guest room. Guest parking spaces may be covered or uncovered. One (1) covered parking space shall be provided for the ownerlmanager unit. No parking is permitted within the front yard setback. f. Exterior lighting shall be designed to limit direct light glare outside of the project site. g. No kitchens or other cooking facilities in the guest rooms. h. Occupancy of guest units shall be limited to 7 days. i. The application for a conditional use permit shall include the submittal of an architectural theme, colored elevations and site plan for review. 30. Biological habitat preserve: a. The biological habitat preserve shall not adversely impact the city’s ability to provide public facilities and improvements such as, but not limited to, circulation element roadways, sewer or water infrastructure improvements and drainage improvements, as -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provided for in the citywide facilities and improvements plan, and the certified local coastal program. b. The biological habitat preserve shall be consistent with the city’s habitat management plan or agency-approved habitat management plan. c. The biological habitat preserve shall be consistent with the city’s local coastal program. d. A conditional use permit shall not be required when a biological habitat preserve is associated with a development proposal otherwise requiring environmental review and discretionary approval by the city, or a coastal development permit. e. Nothing in this section shall be construed as permitting encroachment or impacts to environmentally sensitive habitat areas and wetlands not permitted elsewhere in the certified local coastal program. 35. Bowling alleys: a. No noise shall be audible outside of the structure. b. If alcoholic beverages are offered for consumption on site, no open container shall be permitted to be removed from the premises. c. Parking requirements for any bar area not meeting the definition of bona fide eating establishment shall be computed at 1 space per 50 square feet of gross floor area. 40. Campsites (overnight): a. Any campsite shall be located in, adjacent to, or shall be directly associated with existing or planned parks and open space system and shall augment the city’s general plan. b. An overnight campsite shall comply with all federal, state and local laws. c. The site plan for an overnight campsite shall be prepared by a licensed architect or landscape architect. d. No person shall occupy any part of an overnight campsite for more than 90 days, in the aggregate, during any given year. e. The design of an overnight campsite shall be subject to the following conditions: Upon site review, a perimeter 6-foot fence or wall may be required. Interior 6 foot fencing shall be required to isolate major trash collection and storage areas. Such fences or walls shall be of materials compatible with an approved architectural scheme for the total development. Primary road surfaces, i.e., two-way throughways, shall be blacktop, asphalt or equivalent road surfaces. One-way throughways with sufficient natural drainage may be surfaced with decomposed granite or equivalent, otherwise hard surface equal tautwo-way requirements will be required. The remaining travel surfaces (camp pads, footpaths, maintenance roads) will be covered with decomposed granite or equivalent material. iii. Associated signs, freestanding or attached to buildings shall be designed and constructed in accordance with city ordinances. iv. Unit site densities shall be computed from a slope analysis of the project area: 0-5 percent slope = maximum 7 unitdacre; 6-15 percent slope = maximum 3 units/acre; 16 plus percent slope = permanent open space. v. Sites within the campground shall be clearly marked and shall be not less than 2,500 square feet in area. vi. Sites utilized by auto-truck campers, trailers, mobile coaches, shall front on a roadway not less than 15 feet wide and which affords access to a public road. i. ii. -a- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vii. Said campground facility shall total not less than 10 acres, of which not less than 60% of the site shall be utilized for recreation activities, other than buildings, roadways, parking pads, trash or storage areas. viii. Camping spaces shall be placed at random throughout the project, so as not to reflect uniformity in appearance or design. ix. Exterior lighting shall be a type so as not to make visible a direct light source or cause glare outside the campground facility. Proposed light fixtures shall be subject to review to assure compatibility with the architectural scheme of the total development. x. Landscaping and sprinkler system shall be constructed in conformance with a plan prepared by a registered landscape architect and approved by the planning director prior to building permit issuance. The sprinkler system shall be applied only to those areas that are not in extensive recreational use. Such landscaping shall be in conformance with but not limited to the following minimum standards: (A) The campground site shall be planted with combinations of flowers, turf, groundcovers, shrubs, and trees; said plantings shall be distributed throughout the site to create a park-like effect. (B) Trees shall be planted at a ratio of 1 for each 1,000 square feet of gross land area. Ten percent (10%) of all trees shall be of specimen size. The remaining 90% shall be equally divided among 15, 5 and 1-gallon sizes. Existing on-site trees may be utilized to fulfill tree requirements. xi. An architectural concept plan including plans for all structures and fences shall be adopted for the total development to assure harmony and compatibility of all facilities within the campground. xii. Documents pertaining to the maintenance of all facilities including landscaping, and designating those persons responsible for same, shall be submitted for staff approval prior to building permit issuance. xiii. Other conditions may be imposed in connection with any conditional use permit issued for a campsite, pursuant to conditional use permit ordinance regulations then in effect. 45. Carwash: a. The site shall be designed to reduce the visual impacts of buildings and waiting cars on surrounding development and from public streets. b. All structures shall be architecturally designed to ensure compatibility with surrounding development. c. A noise analysis addressing noise impacts on surrounding development may be required. d. A traffic study which analyzes the impact of the proposed carwash on adjacent and nearby intersections may be required. The limits of this study shall be established bs the planning director. e. Adequate parking and circulation shall be provided on-site to accommodate the proposed use. f. Waiting areas for cars shall be screened by a combination of landscaping, fencing and berming. g. All signs shall comply with an approved sign program. h. Adequate means of eliminating grease and oils from drainage systems shall be provided. 50. Drive-thru restaurants: a. Drive-thru restaurants are prohibited within all zones in the city, including coastal zone properties. The drive-thru restaurant prohibition applies citywide to all existing and proposed specific plans, master plans, and related amendments. Drive-thru -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 restaurants that are either existing or have received final approvals on January 5, 1998 are allowed to continue in existence subject to the terms and conditions of this code and the conditional use permit or other discretionary permit permitting them and may apply for and may be granted CUP extensions under this code. .. - 55. Drug paraphernalia stores: a. No drug paraphernalia store shall be located within 500 feet of any school, church, residence, residential area, children’s camp or club, child care facility, community center, library, park, public beach or playground. b. No drug paraphernalia store shall have a sign or advertisement which displays, shows or represents drug paraphernalia or any illegal drug including but not limited to, marijuana, hashish, cocaine, or any controlled substance as defined in the Health and Safety Code of the state of California. c. An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building. 60. Escort services: a. An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building. b. No such business shall be located within 500 feet of any residential zone. c. An application for a conditional use permit shall be referred to the chief of police, which application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially interested in the business. The past criminal record, if any, of all persons financially interested in the business shall be shown on such application. The term “persons financially interested” shall include the applicant and all persons who share in the profits of the business on the basis of gross or net revenue, including landlords, lessors, lessees, and the owner of the building, fixtures or equipment. The application shall also be accompanied by fingerprints of persons financially interested. . The chief of police shall make such investigation as is necessary to determine the background of the applicant and other persons financially interested. The chief of police shall report to the Planning Commission his findings and recommendations as to whether to approve, deny, or conditionally approve or deny the conditional use permit in writing within 180 days after the application is submitted. The recommendations of the police chief shall be based on the findings and may also be based on his judgment of potential enforcement problems and reasons therefore from the proposed establishment. Failure to so report shall be deemed approval of the application. The Planning Commission may deny an application based on the findings and recommendations of the chief of police. .% 65. Gas stations: a. Permits for gas stations shall be granted only in the event one i. The use is to be developed as part of a master-planned recreation ii. The use is to be developed as part of a freeway-service facility, iii. The use is to be developed as part of a commercial facility that is (1) or more of the following factual situations is found to exist: area, industrial park, regional or community shopping center. containing a minimum of two freeway oriented uses. an integral part of a planned community development. b. Development standards: i. All structures shall be architecturally designed to be compatible with surrounding neighborhood uses. -1 0- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ii. Landscape plans shall consist of the following: (A) Perimeter planter areas of a minimum of 6 feet in width (B) Six-inch (6") concrete curb bounding all planter areas, (C) Landscaping including a combination of flowers, (D) A sprinkler system providing total and effective (E) A statement delineating a maintenance schedule and iii. A 6-foot high masonry wall shall be constructed on all sides of the iv. All exterior lighting shall be shielded or oriented in such way so as v. All displays and storage shall be contained within the main vi. Trash containers shall be contained within a 6 - foot high vii. All signs shall be in conformance with the city's sign ordinance. viii. Full public improvements shall be provided as may be required for public convenience and necessity. c. The development standards (see subparagraph b. above) shall apply to existing gas stations when renovated structurally, and any newly developed service stations. Provisions regarding location shall not apply to gas stations in existence as of September 15, 1970. and planter areas adjacent to the structure,, shrubs, and trees, coverage to all landscaped areas, responsibility for maintenance of landscaped areas. property that adjoin residential or residential-professional zoned property. not to glare on adjacent properties. structure. enclosure. 70. Greenhouses (greater than 2,000 square feet in area) and a. Lighting shall be directed away from nearby residences and shall not b. Fans shall not create a noise nuisance to nearby residences. c. Driveways shall be improved with dust control material and be d. Structure, including panels or coverings, shall be maintained and not e. The approving conditional use permit resolution shall contain the time Packing/Sorting Sheds (greater than 600 square feet in area): create undue illumination. maintained. become a safety hazard or nuisance to the neighborhood. limits of the permit and the provisions for periodic review. 75. Hazardous waste facilities: a. Applications for specified hazardous waste facilities shall be prcxessed in accordance with the requirements of this code and of Chapter 6.5 of Division 20 of the Health and Safety Code commencing with Section 25100. A conditional use permit for a specified hazardous waste facility shall not be approved unless all of the following findings can be made: i. That all of the findings required by this chapter for approval of a conditional use permit can be made, ii. That the project is consistent with Chapter IX Section C (General Areas) and Appendix IX-B (General Areas) of the San Diego County Hazardous Waste Management Plan, and, iii. That the project is consistent with Chapter IX Section B (Siting Requirements) and Appendix IX-A (Siting Criteria) of the San Diego County Hazardous Waste Management Plan. -1 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 80. Hotel and motel uses: a. The application for a conditional use permit shall include the submittal of an architectural theme, colored elevations and site plan. b. When adjoining residentially zoned property, hotels and motels under this section must comply with the following provisions: i. Front yard setbacks, buildings -- 25 feet or the same distance as existing buildings on adjoining lots; driveway or parking area -- 10 feet; outdoor recreational amenities -- 10 feet; ii. A 6 foot-high masonry wall shall be constructed along all property lines that are adjacent to residentially zoned properties (except where prohibited by approved driveways). 85. Liquor stores: a. There are specifically designated parking spaces that are sufficient for b. Traffic flow on public streets or in parking areas will not cause c. That all measures have been taken to insure compatibility of the use d. An opening shall be provided through which an unobstructed view of e. Such establishment shall not be located within 500 feet of any other the use. congestion or be detrimental to other nearby neighborhood commercial uses. with the surrounding neighborhood. the interior of the premises can be obtained from the exterior of the, building. licensed liquor store. 90. Mobile buildings: a. The mobile building shall be occupied by a permitted or conditional use allowed in the zone in which it is placed. b. The occupancy shall be limited to a five-year term, unless extended by the Planning Commission. c. Newly placed mobile buildings shall not be installed on permanent foundations. d. All mobile buildings shall have wood or stucco siding and must be installed with skirting to screen the chassis, wheels, and temporary foundation system e. All mobile buildings must meet all applicable local, state, and federal codes including, but not limited to: manufacturer’s certificate of origin, current and valid registration tags, adequate accessibility for disabled persons, temporary foundation system design and installation, utility connections, and zoning requirements such as building height and setbacks. 95. Oil and gas facilities (on-shore) including, but not limited to: processing plants, refineries, storage facilities, transfer stations, pipelines, warehouses, offices, tanker terminals, helicopter pads and the like: life and property to residents of the neighborhood, community or city, damage or injuries to nearby residents, adverse environmental effects, Such facilities are prohibited except upon findings by the city council that: i. Approval of the proposed project and facilities will pose no danger to ii. Approval of the proposed project will not pose a potential threat of iii. The benefits of the proposed project clearly outweigh the possible iv. There are no feasible alternatives to the proposed project, and v. The location and approval of the on-shore facilities at the particular location clearly outweigh any potential harm to public health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or community and will not be -1 2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 detrimental or injurious to property in the neighborhood, community or to the general welfare of the city. vi. Such facilities shall also require a planned industrial permit pursuant to Chapter 21.34. 100. Parks, public: a. All applications for a public park shall include a master park site plan exhibit. The master park site plan exhibit shall include the general location of and maximum anticipated site area and building area of proposed major and accessory park uses (i.e.; picnic areas, playfields, playgrounds, athletic fields, swimming pools, tennis/volleyball courts, gymnasiums, clubhouses, restrooms, trails, driveways, parking areas and fences). b. The development of the specific uses that are identified on the master park site plan shall not require an additional conditional use permit or an amendment to the existing master park site plan conditional use permit. c. Park improvements that do not add a new land use to the master park site plan or increase the maximum anticipated site area or building area for a use by more than 20 percent of what is anticipated on the master park site plan may be approved administratively by the Planning Director. 105. Pawnshops: a. No pawnshop shall be located within 500 feet of any establishment b. No pawnshop shall be located within 500 feet of any residentially c. An opening shall be provided through which an unobstructed view of licensed to dispense (for on-site or off-site consumption) alcoholic beverages. zoned property. the interior of the premises can be obtained from the exterior of the building. 1 IO. Pool halls or billiard parlors: a. No such establishment shall be located within 500 feet of any b. No establishment shall be permitted to dispense alcoholic beverages c. An opening shall be provided through which an unobstructed view of d. Each structure housing such operation shall be constructed so as to establishment licensed to dispense alcoholic beverages for consumption on-site or off-site. for consumption on-site or off-site. the interior of the premises can be obtained from the exterior of the building. contain within the structure all noise and other objectionable byproducts of such operation. 115. Processing plants for farm crops, similar to those being grown on the a. No processing plant shall be located within 50 feet of any lot line. premises: u 120. Recreational vehicle (RV) storage: a. Only recreational vehicles as defined in Section 21.04.298 of this code may be stored within any recreational vehicle storage area; all stored vehicles must be in an operable condition and, if required, currently licensed. b. Permitted recreational vehicle storage shall not be utilized as a sales yard, or as storage for a sales yard. An occasional sale by an individual may be permitted. c. The maintenance, restoration and/or repair of any vehicle shall not be permitted within any recreational vehicle storage area, unless otherwise specifically permitted by the conditional use permit. d. The utilization of a stored vehicle as a living unit shall not be permitted. -1 3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e. An accessory building, for administrative and security purposes, may be permitted by the conditional use permit. f. All approved recreational vehicle storage areas shall be subject to the following development standards: i. All recreational vehicle storage areas shall be surfaced with 2 inches of asphalt on 4 inches of base, or with an alternative acceptable to the city engineer. In addition, the interior circulation and parking and layout design shall be subject to the approval of the city engineer. ii. All setbacks shall be landscaped with trees, shrubs and other plant material to the satisfaction of the planning director. However, in no case shall less than a 10 foot-wide planter along all street frontages and a 5 foot-wide planter along all interior lot lines be landscaped as specified above. In addition, 3% of the remainder of the site shall be landscaped with a variety of plant material and in locations throughout the storage area. These areas shall be a minimum dimension in all directions of 4 feet and bounded by a minimum six- inch (6”) concrete or masonry curb. All landscaped areas shall be served by a water irrigation system providing total and effective coverage to all landscaping. iii. The storage area shall be screened from all views by a minimum 8 foot-high wall or fence. Said wall or fence shall entirely surround the site and shall observe a minimum setback equal to the required planting areas specified by the previous development standard set out in subparagraph (f)(ii). The decision making body may impose any additional conditions necessary to mitigate adverse visual affects of the wall or fence iv. On-site visitor and employee parking shall be provided within the storage area at a ratio of 1 space per every 10,000 square feet of lot area, or as required by the conditional use permit. However, in no case shall less than 3 on-site visitor/employee parking spaces be provided. v. Signing for a recreational vehicle storage area shall be limited to a wall sign with a maximum total area of 20 square feet in all zones. No freestanding signs shall be permitted. 125. Residential care facilities (serving more than six persons): a. The facility shall meet all requirements for the approval of such use imposed by the city community development director and fire marshal as a group “D” occupancy, division 2. b. The facility shall comply with all the rules, regulations and standards required by the State Department of Social Services. c. Off-street parking as required in Chapter 21.44 shall be provided. d. The planning commission or the city council on appeal may modify any of the above standards, if it is found that such modifications will not be detrimental to the health and safety of the residents. * 130. Residential uses located above the ground floor of a multi-storied commercial building: required to be located on the ground floor of the building. a. One (1) or more of the uses permitted by Section 21.26.010 is 135. Residential uses in the P-M zone: a. One-family dwellings, two-family dwellings and multiple-family dwellings or a combination thereof, which serve to house the employees of businesses located in the P-M zone, may be conditionally permitted subject to the following findings: i. A planned development permit for the project has been approved, or is approved concurrently with the conditional use permit, by the city council. -1 4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ii. The residential development is an integral part of an industrial park or large industrial use. iii. The residential development is designed to be compatible with the industrial use it serves by means of landscaping, open space separations, etc. iv. The industrial development served by the residential development shall provide for convenient and efficient vehicular, bicycle or pedestrian transportation to and from the residential development. v. The maximum allowable density for the residential development shall be established by the city council but in no event shall the density exceed 40 dwelling units per acre. 140. Tattoo parlors: a. No tattoo parlor shall be located within 500 feet of any licensed alcoholic beverage dispensing operation offering said beverages for on-site or off-site consumption. b. No tattoo parlor shall be operated in conjunction with nor share any operating space with any other business. c. An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the exterior of the building. 150. Thrift shops: a. An application for a conditional use permit shall be referred to the chief of police, which application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially interested in the business. The past criminal record, if any, of all persons financially or otherwise interested in the business shall be shown on such application. The term “persons financially interested” shall include the applicant and all persons who share in the profits of the business on the basis of gross or net revenue, including landlords, lessors, lessees and the owner of the building, fixtures or equipment. The application shall also be accompanied by fingerprints of persons financially interested. The chief of police shall make such investigation as is necessary to determine the background of the applicant and other persons financially interested. The chief of police shall report to the planning commission his findings and recommendations as to whether to approve, deny or conditionally approve or deny the conditional use permit in writing within thirty days after the application is submitted. The recommendation of the police chief shall be based on the findings and may also be based on his judgment of potential enforcement problems and reasons therefore from the proposed establishment. Failure to so report shall be deemed approval of the application. The planning commission may deny an application based on the findings and recommendations of the chief of police. Charitable organizations shall be specifically exempt from the report provisions of this section. For purposes of this section, a “charitable organization” is one organized for religious, scientific, social, literary, educational, recreational, benevolent, or other purpose not that of pecuniary profit. b. No goods shall be taken on a consignment basis. 155. Time-share projects: a. All projects in residential zones shall be subject to the development standards and design criteria of Chapter 21.45 of this code, while all projects in nonresidential zones shall be subject to the development and design criteria of the underlying zone, except that: The city council may reduce the required resident parking down to 1 parking space per unit, based on the results of a parking study prepared by a registered traffic engineer that demonstrates that adequate parking will be provided and the reduction will not adversely affect the neighborhood. i. -1 5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. The city council may waive the storage area requirements of Section 21.45.060. Any reduction in the storage requirements shall be supported by a finding that the reduction is necessary for the development of the project and will not adversely affect the neighborhood. iii. If a time-share project on a residentially zoned property is proposed with reduced standards, the applicant shall provide a conversion plan showing how the project can be altered to bring it into conformance with the development standards and design criteria of the planned development ordinance. A conversion shall be approved as and be made a part of the permit for the project. If a time-share project is proposed in a nonresidential zone it shall be conditioned to be converted to a hotel use if it cannot be successfully marketed as a time-share project, and shall be subject to all conditions of Section 21.42.140 (B)(155). All proposals for time-share projects shall be accompanied by a detailed description of the methods proposed to be employed to guarantee the future adequacy, stability and continuity of a satisfactory level of management and maintenance. A management and maintenance plan shall be approved as and made a part of the permit for the project. All units in a time-share project shall be time-share units except a permanent on-site management residence unit may be permitted. The maximum time increment for recurrent exclusive use of occupancy of a time-share unit shall be 4 months. A note indicating this requirement shall be placed on the final map for the project. In addition to the 4 mandatory findings required for the issuance of a conditional use permit under Section 21.42.030, the city council shall find that the time- share project is located in reasonable proximity to an existing resort or public recreational area and, therefore, can financially and geographically function as a successful time-share project and that the project will not be disruptive to existing or future uses in the surrounding neighborhood. viii. Time-share projects may be allowed in the P-C zone if specified in the master plan for the area in which they will be located and the land use designation for the master plan area in which the proposed time-share project will be located is similar to the R-P, R-3, RD-M, R-TI C-T or C-2 zones. All of the provisions of this section shall apply to the conversion of an existing structure to a time-share project. All time-share projects shall be processed in accordance with this section except that subsequent to planning commission review, the matter shall be set for public hearing before the city council. The city council may approve, conditionally approve or deny the project. The decision of the city council is final. xi. A subdivision map filed in accordance with Title 20 of this code shall accompany any application for a time-share project. iv. v. - vi. vii. ix. x. 160. Windmills (exceeding the height limit of the zone): * a. May be conditionally permitted provided the purpose of such windmills is to generate usable electrical or mechanical energy and provided the windmill is architecturally compatible with the other buildings on the site. 165. Wireless Communication Facilities (WCFs): a. Shall comply with City Council Policy Statement No. 64. An application for a WCF may be processed as a minor conditional use permit, pursuant to this Chapter, if it is found to be consistent with the Preferred Location and the Stealth Design Review and Approval Guidelines of City Council Policy Statement No. 64. Preferred Location and the Stealth Design Review and Approval Guidelines of City Council Policy Statement No. 64 shall be processed as a conditional use permit by Process 2. b. WCF conditional use permit applications that do not comply with the -1 6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 170. Zoos (private): a. The property for such private zoo has a minimum of 20,000 square b. No animal is kept within 20 feet of any property line, c. A valid wild animal permit has been issued by the state. feet, SECTION II: That Chapter 21 SO.,Variances, of the Carlsbad Municipal Code is amended to read as follows: Chapter 21.50 Variances 21 S0.010 21.50.020 21 50.030 21.50.040 21 50.050 21.50.060 21.50.070 21.50.080 21.50.010 A. the general Variance--Granting authority. Purpose of variance. Required findings for variances. Variance Notice and hearing. Announcement of findings and decision by cesolution. Resolutions announcing findings and order to be numbered and kept as permanent record. Mailing of notice of decision of planning commission. Effective date of order--Appeal of planning commission decision. Variance--Granting authority. When practical difficulties, unnecessary hardships, or results inconsistent with purpose of this title result through the strict and literal interpretation and enforcement of the provisions hereof, the planning commission shall have authority, as an administrative act, subject to the provisions of this title, to grant upon such conditions as it may determine, such variance from the provisions of this title as may be in harmony with its general purpose and intent, so that the spirit of this title shall be observed, public safety and welfare secured and substantial justice done. In the coastal zone, a variance shall not be allowed to diminish or otherwise adversely affect the substantive requirements for protection of coastal resources. (Ord. NS-365 Q 8, 1996: Ord. 9060 Q 1800) 21 50.020 Purpose of variance. A. The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone. (Ord. 9060 Q 1801) 21 50.030 * Required findings for variances. A. Before any variance may be granted, it shall be shown: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; 2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding; 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property; -1 7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans; 5. In addition, in the coastal zone, that the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan. 21 50.040 Variance Notice and hearing. A. Upon the filing of an application for a variance by a property owner of record, or by a lessee with the consent of the owners which application sets forth fully the grounds for, and the facts deemed to justify the granting of the variance, the planning commission shall give public notice, as provided in Section 21.54.060(1) of #he intention to consider at a public hearing the granting of a variance. 21.50.050 Announcement of findings and decision by resolution. A. Not more than twenty (20) days following the termination of the proceedings of the public hearing on a variance, the planning commission shall announce its findings by formal resolution, and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the planning commission, make the granting or denial of the variance, necessary to carry out the provisions and general purpose of this title, and shall order that the variance, be granted or denied, and if such resolution orders that the variance, be granted, it shall also recite such conditions and limitations as the commission may impose. 21.50.060 Resolutions announcing findings and order to be numbered and kept as permanent record. A. The formal resolution of the planning commission announcing its findings and order after hearing on an application for a variance, shall be numbered consecutively in the order of their filing and shall become a permanent record in the files of the planning commission. 21 50.070 Mailing of notice of decision of planning commission. A. Not later than 7 days following the announcement of a decision ordering that a variance be granted or denied, a copy of the resolution shall be mailed to the applicant at the address shown on the application filed with the planning commission. 25.50.080 Effective date of order--Appeal of planning commission decision. A. The effective date of the planning commission’s decision and method for appeal of such decision shall be governed by Section 21 54.150 of this code. SECTION Ill: That Chapter 21.04 (Definitions) of the Carlsbad Municipal Code is amended by the addition of Section 21.04.106 to read as follows: “21.04.106 Delicatessen. “Delicatessen” means a type of restaurant, totaling less than 1,600 square feet in total floor area, selling ready-to-eat food and canned or bottled beverages to the public. Food is pre- -1 8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cooked or prepared at another location and only heated or toasted on the site. No stoves or ovens for the cooking or preparation of food nor tableware or dish-washing facilities (other than a standard sink) are permitted. No waiters, or waitresses are employed on the premises.” SECTION IV: That Chapter 21.04 (Definitions) of the Carlsbad Municipal Code is amended by the addition of Section 21.04.137 to read as follows: “21.04.137 Educational facilities, other. “Educational facilities, other” means educational, training and tutoring services not subject to the California Education Code nor standards set by the State Board of Education, including but not limited to: trade, cosmetology, pet grooming, music, dance, martial arts, gymnastics and language.” SECTION V: That Chapter 21.04 (Definitions) of the Carlsbad Municipal Code is amended by the addition of Section 21.04.156 to read as follows: “21.04.1 56 Gas station. “Gas station” means a retail business used primarily for the sale of vehicular fuels; minor servicing and repair of automobiles; and the sale and installation of lubricants, tires, batteries, and similar vehicle accessories. A gas station may include a mini-mart convenience store as an accessory use.” SECTION VI: That Chapter 21.04 (Definitions) of the Carlsbad Municipal Code is amended by the addition of Section 21.04.297 to read as follows: “21.04.297 Public and quasi-public office buildings and accessory utility buildings and facilities. “Public and quasi-public office buildings and accessory utility buildings and facilities” includes, but are not limited to: government office buildings and accessory utility buildings and facilities such as: water wells, water storage, pump stations, booster stations, transmission or distribution electrical substations, operating centers, gas metering and regulating stations, or neighboring telephone exchanges, with the necessary apparatus or appurtenances incident thereto. Such uses do not include water, sewer or drainage pipelines or utility buildings/facilities that are built, operated or maintained by a public utility to the extent that they are regulated by the California Public Utilities Commission.” SECTION VII: That Section 21.44.020 (Parking spaces required), of the Carlsbad Municipal Code is amended by the addition of Section 21.44.020(b)(2.5) to read as follows: “(2.5) Delicatessen - One space/two hundred and fifty square feet of gross floor area.” -1 9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 USE Accessory uses and structures (See note 5) SECTION VIII: That Chapter 21.07 (E-A Exclusive Agricultural Zone) of the Carlsbad Municipal Code, Section 21.07.040 (Uses and structures permitted by conditional use permit) and Section 21.07.030 (Permitted accessory uses and structures) are repealed, and Section 21.07.020 (Permitted uses and structures) is amended to read as follows:: P CUP Acc X "21.07.020 Permitted Uses. Agricultural farm worker housing (temporary) (Subject to Airports Animals and poultry - small (less than 25) (See note 2) Animals and poultry - small (more than 25) (See note 2) Apiary/bee keeping (Subject to Sec. 21.42.140.8.5) Aquaculture (defined: Sec. 21.04.036) Aviary Biological habitat preserve (Subject to Sec. Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Cattle, sheep, goats, and swine production (See note 3) 21.42.140.8.2) (See also note 1) 21.42.140.B.030) (defined: Sec. 21.04.048) Cemeteries A. In an E-A zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted subject to the requirements and development standards specified in this chapter, and subject to the provisions of Chapter 21.44 governing off- street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. A use similar to those listed in Table A, may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones "office" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this Exclusive Agricultural Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. B. C. D. 3 3 1 1 2 1 2 2 3 X X TABLE A PERMITTED USES In the table, below, subject to all applicable permitting and development requirements of the Municipal Code: 0 0 "P" indicates use is permitted "CUP indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Churches, synagogues, temples, convents, monasteries, I 2 Greenhouses, 21.42.140.6.070) Greenhouses (2,000 square feet maximum) Guest house Hay and feed stores > 2,000 square ~ feet (Subject to Sec. 1 X X 1 Horses, private use Mobile buildings (Subject to Sec. 21.42.140.6.090) X 2 (defined Section 21.04.265) Mobile home (See note 6) Nursery crop production Other uses or enterprises similar to the above customarily carried on in the field of agriculture Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.6.070) Plant nurseries & nursery supplies Processing plant (for crops) (Subject to Sec. 2 1 .04.140.6. 1 1 5) Produce/flower stand for display and sale of products produced on the same premises (See note 4) Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) Radio/television/microwave/broadcast station/tower Recreation facilities Satellite television antennae (Subject to Sec. 21 53.130, et X X X 1 1 1 X 2 2 2 X -21- seq.) Sisns (Subject to Chapter 21.41) (defined: Sec. 21 -04.305) StabledRiding Academies (defined: Sec. 21.04.31 0 and X 2 21.04.31 5) Stadi u m s 3 Tree farms Truck farms Sec. 21.04.378) 21.42.140.6.160) 21.42.140.165) (defined: Sec. 21.04.379) Veterinary clinic/animal hospital (small animals) (defined: Windmills (exceeding height limit of zone) (Subject to Sec. Wireless communications facilities (Subject to Sec. X X 1 2 1 /2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 2 Notes: 1. Farm worker housing: Provided the numbe; of units shall not exceed two per gross acre of land area and no such housing is located closer than fifty feet from any lot line. 2. Small animals and poultry: Provided that not more than twenty-five of any one or combination thereof shall be kept within fifty feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. 3. Cattle, small animals, etc: Provided that the number of any one or combination of said animals shall not exceed one animal per half acre of lot area. Said animals shall not be located within fifty feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. 4. ProduceMower stands: Provided that the floor area shall not exceed two hundred square feet and is located not nearer than twenty feet to any street or highway. 5. Accessory uses/ structures: Include but are not limited to: private garages, children’s playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, offices, coops, lath houses, stables, pens, corrals, and other similar accessory uses and structures required for the conduct of the permitted uses. 6. Mobile home: Certified under the National Mobile home construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety Code.” USES SECTION IX: That Chapter 21.08 (R-A Residential Agricultural Zone) of the P 1 CUP I Acc Carlsbad Municipal Code, Section 21.08.020, (Permitted uses), is amended to read as follows: Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers, decks, etc.) (See note 1, below) (defined: Sec. 21.04.020) “21.08.020 Permitted Uses. X A. In an R-A zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted subject to the requirements and development standards specified in this chapter, and subject to the provisions of Chapter 21.44 governing off- street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. B. C. TABLE A PERMITTED USES [ In the table, below, subject to all applicable permitting and development requirements of the Municipal Code: 0 “P” indicates use is permitted “CUP” indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agricultural crops Agricultural stand (for display of products raised on premises) Animal keeping (household pets) (Subject to Sec. 21 53.084) Animal keeping/grazing (horses, sheep or bovine animals), Animal keeping (poultry, rabbits, chinchillas and any fur bearing Animal keeping (wild animals) (Subject to Sec. 21 53.085) Aquaculture (defined: Sec. 21.04.036) Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) Campsites (overnight) (Subject to Sec. 21.42.140.6.040) Cemeteries Churches, synagogues, temples, convents, monasteries, and other places of worship Educational institutions or schools, pubWprivate (defined: Sec. 21.04.140) Dwelling, one-family (defined: Sec. 21.04.125) Family day care home (large), subject to Chap. 21.83 (defined: Family day care home (small), subject to Chap. 21.83 (defined: Golf courses (See note 5, below) Greenhouses (2,000 square feet maximum) Greenhouses > 2,000 square feet (Subject to Sec. ("stand" defined: Sec. 21.04.320) excluding dairies (See notes 2 & 4, below) animals for domestic or commercial purposes) (See notes 3 & 4, below) Sec. 21.04.147) Sec. 21.04.148) X X X X X X 2 2 2 3 2 2 X X X 2 1 X 21.42.140.B.070) Home occupation (Subject to Sec. 21.10.040) Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined I 121 X .. Sec. 21.04.265) . Mobile home (See note 6, below) (defined: Sec. 21.04.266) Packingkorting sheds (600 square feet maximum) X X Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140. B.070 Plant nurseryhursery supplies Public/quasi-public buildings and facilities and accessory utility 1 1 2 -23- buildings/facilities (defined- Sec. 21.04.297) Satellite TV antennae (Subject to Sec. 21.53.130 - 21.53.150) X (defined: Sec. 21.04.302) 21.04.303) Second dwelling unit (Subject to Sec. 21.10.030) (defined: Sec. Signs (Subject to Chap. 21 -41) (defined: Sec. 21.04.305) StabledRiding Academics (defined: Sec. 21.04.31 0 and 21.04.31 5) Temporary bldgltrailer (real estate or construction) (Subject to Sec. 21 53.090 and 21 53.1 10) 21.42.140.165) (defined: Sec. 21.04.379) 21.04.400) Wireless communications facilities (Subject to Sec. Zoos (private) (Subject to Sec. 21.42.140.B. 170) (defined: Sec. X X 2 X 1 /2 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 USE P Agricultural farm worker housing (temporary) (Subject to Animals and poultry - small (525) 21.42.144.B.2.) - Note: 1. Private garages (defined: Sec. 21.04.150) shall accommodate not more than four cars; however, additional garage or implement shelters may be erected, maintained and used on sites of ten acres or more, provided that such structures shall not occupy any required yard space. 2. On sites of four (4) acres or less, there shall not be more than two (2) horses, or two (2) sheep or two (2) bovine animals per acre of ground devoted to feed such animals (excluding feed lots). 3. Poultry, rabbits and other fur bearing animals shall be confined at all times within an enclosure. 4. The keeping of all domestic animals provided for in this section shall conform to all other provisions of law governing the same, and no fowl or animal, or any pen, coop, stable, or barn, shall be kept or maintained within forty (40) feet of any building used for human habitation located on adjoining property, or within forty (40) feet of any street or public property. 5. A conditional use permit is not required for a golf course if it is approved as part of a master plan for a planned community development. 6. Mobile homes must be certified under the National Mobilehome Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety CUP Acc 3 1 SECTION X: That Chapter 21.09 (R-E Rural Residential Estate Zone) of the Carlsbad Municipal Code, Section 21.09.025 (Second Dwelling Units), Section 21.09.030 (Permitted accessory uses and structures) and Section 21.09.040 (Uses and structures permitted by conditional use permit) are repealed, and Section 21.09.020, (Permitted uses), is amended to read as follows: "21.09.020 Permitted uses. A. In an R-E zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapters 21.42. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses. B. C. -24- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Apiary/bee keeping (Subject to Sec. 21.42.140.B.005) Aquaculture (defined: Sec. 21.04.036) Aviary Barns, private garages, playhouses, windmills, silos, radio and television receiving antennas, stables and other similar accessory uses required for the conduct of the permitted uses Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Cemeteries Churches, synagogues, temples, convents, monasteries, and other daces of worshiD 1 2 1 2 2 3 2 X Crop production Drive -thru facilities, (not restaurants) Educational institutions or schools, publidprivate (defined: Fairgrounds Family day care home (large) (defined: Sec. 21.04.147) Family day care home (small) (defined: Sec. 21.04.148) Sec. 21.04.140) (Subject to Ch 21.83) (Subject to Ch 21.83) Floriculture X 2 2 3 X X X Golf Courses Grazing of ruminant animals (See note 1 below) Greenhouses >2000 square feet (Subject to Sec. Greenhouses less than or equal to two thousand square feet, Hay and feed store Horses and other grazing animals (See note 2 below) Maintaining mail address for commercial and business license Mobile buildings (Subject to Sec. 21.42.140.8.090) (defined: Mobile homes (See note 4 below) One one-family dwelling unit per lot Packingkorting sheds > 600 square feet (Subject to Sec. 21.42.140. B.070) provided all requirements for yards, setbacks and height are met purposes only (See note 3 below) Sec. 21.04.265 21.42.140.B.070) ~ 2 1 X X 1 X X 2 X X 1 I 5 below) Plant nurseries & nursery supplies I 1 Produce stand buildings/facilities (defined: Sec. 21.04.297) Recreation facilities Public/quasi-public buildings and facilities and accessory utility Satellite television antennae (Subject to Sec. 21 53.130) Second dwelling units (Subject to Sec. 21.10.030.) The -25- 1 2 2 X X development standards of this zone shall apply. StabledRidina Academics (defined: Sec. 21 -04.31 0 and Signs (Subject to Chapter 21.41) (defined: Sec. 21.04.305) X 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.04.315) 21.04.378) 21.42.140.B.165) (defined: Sec. 21.04.379) organizations such as 4-H Sec. 21.04.400) Veterinary clinic/animal hospital (small animals) (defined: Sec. Wireless communications facilities (Subject to Sec. Youth farm projects that are sponsored by nonprofit Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: 1 1 /2 X 2 SECTION XI: That Chapter 21.10 (R-I One-Family Residential Zone) of the USE P Accessory buildings/structures (ex. garages, workshops, Carlsbad Municipal Code, Section 21.10.020 (Permitted uses), is amended to read as follows: “21.10.020 Permitted Uses. CUP Acc x A. In an R-I zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. B. C. -26- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. .. 21.04.020) Agricultural crops Animal keeping (household pets) (Subject to Sec. Animal keeping (horses) (See note 1, below) Animal keeping (wild animals) (Subject to Sec. 21 S3.085) Aquaculture (defined: Sec. 21.04.036) Biological habitat preserve (Subject to Sec. 2 1 .53.084) tool sheds, patio covers, decks, etc.) (defined: Sec. I X X X X 2 2 21.4f140.B.030) (defined: Sec. 21.04.048) Campsites (overnight) (Subject to Sec. 21.42.140.B.040) 2 Cemeteries Churches, synagogues, temples, convents, monasteries, 3 2 and other places of worship Dwelling, one-family (defined: Sec. 21.04.125) (See note 3, X Sec. 21 -04.400) 1 1 1 below) Sec. 21.04.140 (defined: Sec. 21.04.147) (defined: Sec. 21.04.148) Educational institutions or schools, public/private (defined: Family day care home (large) (Subject to Chap. 21.83) Family day care home (small) (Subject to Chap. 21.83) Golf courses (See note 2, below) Greenhouses (2,000 square feet maximum) Greenhouses > 2,000 square feet (Subject to Sec. Home occupation (Subject to Sec. 21.10.040) Mobile buildings (Subject to Sec. 21.42.140.8.090) (defined Packingkorting sheds (600 square feet maximum) Packingkorting sheds > 600 square feet (Subject to Sec. Public/quasi-public buildings and facilities and accessory Satellite TV antennae (Subject to Sec. 21.53.130 - Second dwelling unit (Subject to Sec. 21.10.030) (defined: Signs (Subject to Chap. 21.41) (defined: Sec. 21.04.305) Temporary bldg./trailer (real estate or construction) (Subject 21.42.140.B.070) Section 21.04.265) 21.42.140.B.070) utility buildings/facilities (defined: Sec. 21.04.297) 21 53.1 50) (defined: Sec. 21.04.302) Sec. 21.04.303) -27- 2 X X 2 1 X X X 2 X 1 2 X X X X to Sec. 21-.53.090 and 21 53.1 10) 21.42.140.165) (defined: Sec. 21.04.379) Wireless communications facilities (Subject to Sec. Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: 1 /2 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 fenced and stabled so that at no time is it able to graze, stray or roam closer than fifty (50) feet to any building used for human habitation, other than buildings on the lot or lots, and as to those buildings, no closer than forty (40) feet. 2. A conditional use permit is not required for a golf course if it is approved as part of a master plan for a planned community development. 3. Mobile homes must be certified under the National Mobilehome Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety I - Note: 1. On each lot or combination of adiacent lots under one ownershiD. there mav be kept one (1) horse for each ten Use P Accessory buildings/structures (ex. garages, workshops, tool Agricultural crops X Animal keeping (household pets) (Subject to Sec. 21 53.084) Animal keeping (wild animals) (Subject to Sec. 21 53.085) Aquaculture (defined: Sec. 21.04.036) Biological habitat preserve (Subject to Sec. 21.42.140.6.030) Campsites (overnight) (Subject to Sec. 21.42.140.8.040) sheds, patio covers, decks, etc.) (See notes 1 & 2, below) (defined: Sec. 21.04.020) (defined: Sec. 21.04.048) Cemeteries CUP Acc X X X 2 2 2 3 SECTION XII: That Chapter 21.12 (R-2 Two-Family Residential Zone) of the Churches, synagogues, temples, convents, monasteries, and other places of worship Carlsbad Municipal Code, Section 21.12.020 (Permitted uses) is amended to read as follows: 2 "21.12.020 Permitted Uses. A. In the R-2 zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses. B. C. -28- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dwelling, one-family (defined: Sec. 21.04.1 25) Dwelling, two-family (See note 3, below) (defined: Sec. 21.04.130) Dwelling, multiple-family (See note 4, below) (defined: Sec. 21.04.135) 21.04.140) Sec. 21.04.147) Sec. 21.04.148) Educational institutions or schools, public/private (defined: Sec. Family day care home (large) (Subject to Chap. 21.83) (defined: Family day care home (small) (Subject to Chap. 21.83) (defined: Golf courses (see note 5, below) Greenhouses (2,000 square feet maximum) Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.70) Home occupation (Subject to Sec. 21.10.040) Mobile buildings (Subject to Sec. 21.42.140.B.90) (defined Sec. X X X 2 X X 2 1 X X 2 -. 21.04.265) Mobile home (See note 6, below) (defined: Sec. 21.04.266) X -. 21.04.265) Mobile home (See note 6, below) (defined: Sec. 21.04.266) X Packingkorting sheds (600 square feet maximum) Packing/sorting sheds > 600 square feet (Subject to Sec. -29- X I Packingkorting sheds (600 square feet maximum) Packing/sorting sheds > 600 square feet (Subject to Sec. X 1 21.42.140.B.76) Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) Satellite TV antennae (Subject to Sec. 21.53.130 - 21.53.150) (defined: Sec. 21.04.302) Second dwelling unit (accessory to a one-family dwelling only) (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303) Signs (Subject to Chap. 21.41) (defined: Sec. 21.04.305) Temporary bldgltrailer (real estate or construction) (Subject to Sec. 21 53.090 and 21 53.1 10) Wireless communications facilities (Subject to Sec. 2 X X X X 1 /2 21.42.140.165) (defined: Sec. 21.04.379) 21.04.400 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 USE sheds, patio covers, decks, etc.) (See notes 1 & 2, below) jdefined: Sec. 21.04.020) Accessory buildings/structures (ex. garages, workshops, tool Agricultural crops Animal keeping (household pets) (Subject to Sec. 21 53.084) Animal keeping (wild animals) (Subject to Sec. 21.53.085) Aquaculture (defined: Sec. 21.04.036) Bed and breakfasts (Subject to Sec. 21.42.140.B.5) (defined: SECTION XIII: That Chapter 21.16 (R-3 Multiple Family Residential Zone) of the Carlsbad Municipal Code, Section 21.16.020 (Permitted uses) is amended to read as follows: P CUP Acc X X X X 2 1 "21.12.020 Permitted Uses. Sec. 21.04.046) Biological habitat preserve (Subject to Sec. 21.42.140.8.30) A. In the R-3 zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. A use similar to those listed in Table A may be permittez if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. B. C. 2 (defined: Sec. 21.04.048) Campsites (overnight) (Subject to Sec. 21.42.140.B.40) Cemeteries Child day care center (Subject to Chap. 21.83) (defined: Sec. 21.04.086) Churches, synagogues, temples, convents, monasteries, and other places of worship Dwelling, one-family (See note 3, below) (defined: Sec. 2 1.04.125) Dwelling, two-family (defined: Sec. 21.04.1 30) Dwelling, multiple-family (Subject to Sec. 21 53.120 if more than 4 units are proposed) (defined: Sec. 21.04.1 35) 2 3 X 2 X X X -30- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Educational institutions or schools, public/private (defined: Sec. 21.04.140 Family day care home (large) (Subject to Chap. 21.83) (defined: Sec. 21.04.147) Family day care home (small), (Subject to Chap. 21.83) (defined: Sec. 21.04.148) Greenhouses (2,000 square feet maximum) Greenhouses >2,000 square feet (Subject to Sec. 2 X X X 1 Housing for senior citizens (Subject to Chap. 21.84) Mobile buildings (Subject to Sec. 21.42.140.B.90) (defined Mobile home (See notes 3 & 5, below) (defined: Sec. X Packing/sorting sheds (600 square feet maximum) Packingkorting sheds >600 square feet (Subject to Sec. Professional care facilities (defined: Sec. 21.04.295) Public/quasi-public buildings and facilities and accessory 2 Residential care facilities (serving more than six persons) X 2 Sec. 21.04.265) 21.04.266) X 1 2 21.42.140.B.70) utility buildings/facilities (defined: Sec. 21.04.297) 2 (Subject to Sec. 21.42.140.B.125) (defined: Sec. 21.04.300) Satellite TV antennae (Subject to Sec. 21.53.130 - X 21 53.1 50) (defined: Sec. 21.04.302) Second dwelling unit (accessory to a one-family dwelling only) (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303) Signs (Subject to Chap. 21.41) (defined: Sec. 21.04.305) Temporary bldgltrailer (real estate or construction) (Subject X X X .. to Sec. 21-53.090 and 21 53.1 IO) Timeshare projects (Subject to Sec. 21.42.140.B.155) 3 Sec. 21.04.400) Notes: I. Private garages (defined: Sec. 21.04.150) shall accommodate not more than two cars per dwelling unit. 2. When associated with a two-family or multiple-family dwelling, accessory buildings shall not include guesthouses or accessory living quarters (defined: Sec. 21.04.165). 3. One-family dwellings are permitted when developed as two or more detached units on one lot. Also, a single one- family dwelling shall be permitted on any legal lot that existed as of October 28, 2004, and which is designated and zoned for residential use. Any proposal to subdivide land or construct more than one dwelling shall be subject to the density provisions of the General Plan and intent of the underlying residential land use designation. 4. A conditional use permit is not required for a golf course if it is approved as part of a master plan for a planned community development. 5. Mobile homes must be certified under the National Mobilehome Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety Code. 6. A parking IoUstructure (commercial) is permitted with approval of a CUP when the lot on which it is located in the R-3 zone abuts upon a lot zoned for commercial or industrial purposes.” (defined: Sec. 21.04.357) Wireless communications facilities (Subject to Sec. -31- I I 112 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "ACC" indicates the use is permitted as an accessory USE Accessory buildings/structures, which are customarily Agricultural farm worker housing (temporary) (Subject to Aquaculture (defined: Sec. 21.04.036) Bankslfinancial services (no drive-thru) Glological habitat preserve (Subject to Sec. 21.42.01 0.6.030) (defined: Sec. 21.04.048) Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Cemeteries Child day care center (Subject to Chap. 21.83) (defined: Sec. 21.04.086) Churches, synagogues, temples, convents, monasteries, and other places of worship Clubs - non-profit, business, civic, professional, etc. (defined: Sec. 21.04.090) Educational institutions or schools, public/private (defined: Sec. 21.04.140) appurtenant to a permitted use (ex. incidental storage facilities) (see note 1, below) (defined: Sec. 21.04.020) Sec. 21.42.104.B.2) SECTION XIV: That Chapter 21 .I8 (R-P Residential Professional Zone) of the use. P CUP Acc X 3 2 2 2 3 X X 2 2 2 Carlsbad Municipal Code, Section 21.18.020 (Permitted uses) is amended to read as follows: "21.18.020 Permitted Uses. I. a A. In a R-P Residential zone, notwithstanding any other provision of this title, only the uses listed in Tables A and B, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Tables A and B, shall be subject to the provisions of Chapter 21.42. Uses similar to those listed in Tables A and B may be permitted if the planning director determines such similar use falls within the intent and purpose of this zone, and is substantially similar to a specified permitted use. A use category may be general in nature, where more than one particular use fits into the general category (ex. in some commercial zones "offices" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in any zone, the use shall not be permitted in this R-P zone (even under a general use category), unless it is specifically listed in the zone as permitted or conditionally permitted. B. C. D. -32- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Delicatessen (defined: Sec 21.04.106) Greenhouses (2,000 square feet maximum) Greenhouses > 2,000 square feet (Subject to Sec. Golf courses (see note 2, below) Medical uses (excluding hospitals), including offices for Mobile buildings (Subject to Sec. 21.42.140.B.090) Office uses, (may include incidental commercial uses such Packinglsorting sheds (600 square feet maximum) Packingkorting sheds > 600 square feet (Subject to Sec. 2 1.42.140. B. 070) medical practitioners, clinics, and incidental laboratories and pharmacies (prescription only) (defined Sec. 21.04.265) as blueprint services, photocopy services and news stands) 1 1 2 X X 2 X X 1 21.42.B.070) ~ Parking facilities (primary use) (Le.: day use, short-term, 2 TABLE B non-storage) utility buildings/facilities (defined: Sec. 21.04.297) Radio/television/microwave/broadcast station/tower 21 53.1 50) (defined: Sec. 21.04.302) dance, drama, cosmetology, music, martial arts, etc.) Publiclquasi-public buildings and facilities and accessory Satellite N antennae (Subject to Sec. 21.53.130 - Schools (business, vocational, and for such subjects as Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305) Temporary bldgltrailer (construction) (Subject to Sec. Transit passenger terminals (bus & ~~ train) 1 Wireless communications facilities (Subject to Sec. Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: 21 53.1 IO.) 21.42.140.165) (defined: Sec. 21.04.379) Sec. 21.04.400) 1* I Uses Permitted When the R-P Zone Implements the “RMH” or “RH” General Plan Land Use Designations In the table, below, subject to all applicable permitting and development requirements of the 2 2 X X X X 2 1 /2 2 USE Accessory buildings/structures (ex. garages, workshops, -33- P CUP Acc X 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 tool sheds, patio covers, decks, etc.) (see notes 1 and 2, below) (defined: Sec. 21.04.020) Ag ricu I t ural crops Animal keeping (household pets) (Subject to Sec. Animal keeping (wild animals) (Subject to Sec. 21 S3.085) Aquaculture (defined: Sec. 21.04.036). Bed and breakfasts (Subject to Sec. 21.42.140.8.25) (defined: Sec. 21.04.046) Biological habitat preserve (Subject to Sec. 21.42.140.8.30 (defined: Sec. 21.04.048) Campsites (overnight) (Subject to Sec. 21.42.140.B.40) Cemeteries Child day care center (Subject to Chap. 21.83) (defined: Sec. 21.04.086) Churches, synagogues, temples, convents, monasteries, and other places of worship Clubs - non-profit; business, civic, professional, etc. (defined: Sec. 21.04.090) Dwelling, one-family (see note 3, below) (defined: Sec. 21.04.125) Dwelling, two-family (see note 4, below) (defined: Sec. 21.53.084) c X X X 2 1 2 2 3 X 2 2 X X -. .. 21.04.130) Dwelling, multiple-family (Subject to Sec. 21 53.120 if more X than 4 units are proposed) (defined: Sec. 21.04.135) Sec. 21.04.140) (defined: Sec. 21.04.147) (defined: Sec. 21.04.148) Educational institutions or schools, public/private (defined: Family day care home (large) (Subject to Chap. 21.83) Family day care home (small) (Subject to Chap. 21.83) 2 X X 1 1 1 .- I 21.42.140.6.70) Golf courses (see note 5, below) Greenhouses (2,000 square feet maximum) Greenhouses > 2,000 square feet (Subiect to Sec. 2 1 X Home occupation (Subject to Sec. 21 .I 0.040) Housing for senior citizens (Subject to Chap. 21.84) Mobile buildings (Subject to Sec 21.42.140.B.90) (defined X X 2 I DersonsMSubiect to Sec. 21.42.140. B: 125) (defined: Sec. I 1 1 ,. Sec. 21.04.265) . 21.04.266) Mobile home (see note 3 & 6, below) (defined: Sec. Packingkorting sheds (600 square feet maximum) Packing/sorting sheds > 600 square feet (Subject to Sec. Parking facilities (primary use) (Le.: day use, short-term, 21.42.140.6.70) -34- X X 1 2 non-storage) Professional care facilities (defined: Sec. 21.04.295) Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) Residential care facilities (serving more than six 2 2 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.04.300) 21 53.1 50) (defined: Sec. 21.04.302) Second dwelling unit (accessory to a one-family dwelling Satellite TV antennae (Subject to Sec. 21.53.130 - only), (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303) Signs (Subject to Chap. 21.41) (defined: Sec. 21.04.305) Temporary bldg./trailer (real estate or construction), subject to Sec. 21.53.090 and 21.53.1 10. Timeshare projects (Subject to Sec. 21.42.140. 6. 155) (defined: Sec. 21.04.357) Transit passenger terminals (bus & train) Wireless communications facilities (Subject to Sec. X X X X 2 2 112 21.42.140.8.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21.42.140.8.170) (defined: Sec. 21.04.400) I 1 I 2 Note: 1. Private garages (defined: Sec. 21.04.150) shall accommodate not more than two cars per dwelling unit. 2. When associated with a two-family or multiple-family dwelling, accessory buildings shall not include guesthouses or accessory living quarters (defined: Sec. 21.04.165). 3. One-family dwellings are permitted when developed as two or more detached units on one lot. Also, a single one-family dwelling shall be permitted on any legal lot that existed as of October 28, 2004, and which is designated and zoned for residential use. Any proposal to subdivide land or construct more than one dwelling shall be subject to the density and intent of the underlying residential land use designation. 4. A two-family dwelling shall not be permitted within the RH land use designation. 5. A conditional use permit is not required for a golf course if it is approved as part of a master plan for a planned community development. 6. Mobile homes must be certified under the National Mobilehome Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety Code." SECTION XV: That Chapter 21.20 (R-T Residential Tourist Zone) of the Carlsbad Municipal Code, Sections 21.20.020 (Conditional uses), 21.20.025 (Housing for senior citizens by site development plan), and 21.20.026 (Second dwelling units) are repealed and Section 21.20.010 (Permitted uses) is amended to read as follows: "21.20.010 Permitted uses. A. In an R-T zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. B. C. I// I// -35- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE A PERMllTED USES In the table, below, subject to all applicable permitting and development requirements of the Municipal Code: 0 0 "P" indicates the use is permitted. "CUP" indicates that the use is permitted with approval of a conditional use perm it. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process a "Acc" indicates the use is Dermitted as an accessorv use. USE Accessory Buildings (Subject to Sect. 21.20.080 of this Chapter) Accessory buildings and structures, including private garages to accommodate not more than two cars per dwelling unit Aquaculture (defined: Sec. 21.04.036) Aauariums Athletic clubs, gymnasiums, and health clubs Bait shop (accessory to rec. facility) Bathhouses Beds and breakfasts (Subject to Sec. 21.42.140.B.025) (defined: Sec. 21,04.046) Biological habitat preserve (Subject to Sec. 21.42140.B.030) (defined: Sec. 21.04.048) Boarding house (defined: 21.04.055) Boat launching/docking facility Boat part shop (accessory to rec. facility) Boat repair (accessory to rec. facility) Boat rides Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Cemeteries Churches, synagogues, temples, convents monasteries, and . -- other places of worship Clubs - non-profit; business, civic, professional, etc. idefined: Sec. 21.04.090) Commercial use (accessory to rec. facility) Countrv Clubs Detached accessory structures, which are not dwelling units and contain no habitable space, including but not limited to garages, workshops, tool sheds, decks over thirty inches above grade, and freestanding patio covers (Subject to Sect. 21.20.080 of this Chapter) Dwellinas Fraternal associations and lodges (except college fraternities/sororities) Fraternities and Sororities Games of skill Golf Courses Greenhouses > 2,000 square feet (Subject to Sec. -36- P I CUP I Acc Ix 2 2 121 Ill 121 2 131 121 I 21 2 2 X X 2 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.42.140.B.070) Habitable detached accessory structures (Subject to Sect. X Notes: 1. Signs. (A,) Nameplates not exceeding two square feet in area containing the name of the occupant of the premises, (B) One lighted sign not exceeding twenty square feet in area identifying permitted uses, provided such sign is stationary and non-flashing, is placed on the wall of the building, does not extend above or out from the front wall, and contains no advertising matter except the name and street address of the building upon which it is placed, (C) One unlighted sign not exceeding twelve square feet in area pertaining only to the sale, lease or hire of caly the particular building, property or premises upon which displayed, or to identify public parking lots as permitted in this zone, (D) Location of the above signs shall not be closer to the front property line than midway between the front property line and the front setback line, and under no conditions closer than seven and one-half feet from the front property line; except that on key lots and lots which side upon commercially or industrially zoned property, the sign may be placed not closer than five feet to the property line." SECTION XVI: That Chapter 21.22 (R-W Residential Waterway Zone) of the Carlsbad Municipal Code, Section 21 22.020 (Permitted uses) is amended to read as follows: "21.22.020 Permitted Uses. -37- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.42.140.B.070) Golf courses (See note 5, below) A. In an R-W zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. B. C. 2 TABLE A PERMITTED USES In the table, below, subject to all applicable permitting and development requirements of the Municipal Code: I “P indicates use is permitted “CUP indicates use is permitted with approval of a conditional use permit. Home occupation, (Subject to Sec. 21.10.040) Housing for senior citizens, subject to Chap. 21.84 Mobile buildings (Subject to Section 21.42.140.B.90) X X 2 - -38- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (defined Section 21.04.265) 21.04.266) 21.42.140.B.70) utility buildingslfacilities (defined: Sec. 21.04.297) 21 53.1 50 (defined: Sec. 21.04.302) only), subject to Sec. 21.10.030 (defined: Sec. 21.04.303) Temporary bldghailer (real estate or construction), subject to Sec. 21.53.090 and 21 53.1 10 21.42.140.B. 160) Sec. 21.04.400) Notes: Mobile home (See notes 4 & 6, below) (defined: Sec. Packinglsorting sheds > 600 square feet (Subject to Sec. Publidquasi-public buildings and facilities and accessory Satellite N antennae, subject to Sec. 21.53.130 - Second dwelling unit (accessory to a one-family dwelling Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305) Windmills (exceeding height limit of zone) (Subject to Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: X 1 2 X X X X 112 2 SECTION XVII: That Chapter 21.24 (RDM Residential Density-Multiple Zone) of the Carlsbad Municipal Code, Section 21.24.020 (Permitted Uses) is amended to read as follows: “21.18.020 Permitted Uses. 4 A. In the RD-M zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. Uses similar to those listed in Table A may be permitted if the planning director determines such similar use falls within the intent and purpose of this zone, and is substantially similar to a specified permitted use. B. C. Ill -39- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Child day care center (Subject to Chap. 21.83) (defined: Churches, synagogues, temples, convents, monasteries, Sec. 21.04.086) TABLE A PERMITTED USES X 2 In the table, below, subject to all applicable permitting and development requirements of the Municipal Code: .. J and other places-ofworship Dwelling, one-family (See notes 2 and 3, below) (defined: “P” indicates use is permitted X -. .. Sec. 21,04.125) Dwelling, multiple-family (Subject to Sec. 21.53.120 if more than 4 units are proposed) (defined: Sec. 21.04.135) Sec. 21.04.140) (defined: Sec. 21.04.147) (defined: Sec. 21.04.148) 2 1.42.140. B.070) Dwelling, two-family (defined: Sec. 21.04.130) Educational institutions or schools, public/private (defined: Family day care home (large) (Subject to Chap. 21.83) Family day care home (small) (Subject to Chap. 21.83) Greenhouses > 2000 square feet (Subject to Sec. Golf courses (See note 4, below) Home occupation (Subject to Sec. 21.10.040) Housing for senior citizens (Subject to Chap. 21.84) Mobile buildings (Subject to Section 21.42.140.8.90) Mobile home (See notes 2, 3 & 5, below) (defined: Sec. (defined Section 21.04.265) 21.04.266) X X 2 X X 1 2 2 2 X X -40- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 utility buildingslfacilities (defined: Sec. 21.04.297) Residential care facilities (serving more than six persons) Packing/sorting sheds >600 square feet (Subject to Sec. I 21.42.140.6.70) Professional care facilities (defined: Sc 2 (Subject to Sec. 21.42.140.6.125) (defined: Sec. 21.04.300) 21.53.150) (defined: Sec. 21.04.302) Satellite n/ antennae (Subject to Sec. 21.53.130 - Second dwelling unit (accessory to a one-family dwelling X X only) (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303) Temporary bldg./trailer (real estate or construction) (Subject to Sec. 21 53.090 and 21 S3.110) (defined: Sec. 21.04.357) 21.42.140.165) (defined: Sec. 21.04.379) Sec. 21.04.400) Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305) Timeshare projects (Subject to Sec. 21 42.140.B.155) Wireless communications facilities (Subject to Sec. Zoos (private)(Subject to Sec. 21.41.140.B.170) (defined: SECTION XVIII: That Chapter 21.25 (C-F Community Facilities Zone) of the X X 3 1 I2 2 Carlsbad Municipal Code, Section 21.25.050 (Uses permitted by conditional use permit) is repealed and Section 21.25.040 (Permitted uses) is amended to read as follows: “21.25.040 Permitted uses. .y A. In a C-F zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones ”office” is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use B. C. D. -41 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Cross, Traveler’s Aid) Wireless communications facilities (Subject to Sec. I permit in another zone, the use shall not be permitted in this C-F Community Facilities Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. 1 I2 TABLE A USES PERMITTED In the table, below, subject to all applicable permitting and development requirements of the Municipal Code: 0 0 “P” indicates the use is permitted. “CUP indicates that the use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process with no permanent residential uses (e.g., Good Will, Red ,. 21.42.140.165) (defined: Sec. 21.04.379) Girls Clubs, YMCA and YWCA, except lodgings) Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys & 2 -42- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 USE P Accountants X Agricultural farm worker housing (temporary) (Subject to 21.42.140.6.02) Airports Alcoholic treatment centers Notes: 1. If any office area is proposed with a use, the office area must be ancillary to the main use; it cannot be the principal use. 2. Stand-alone child daycare facility is permitted subject to the approval of a site development plan pursuant to Chapter 21.06. If a child daycare facility is developed in conjunction with another community facilities use, which requires a conditional use permit, then the requirement for a site development plan for the child daycare use is waived. 3. All uses shall be conducted wholly within a building except such uses as athletic fields, outdoor play areas, and other uses customarily conducted in the open.” CUP Acc 3 3 2 SECTION IXX: That Chapter 21.26 (C-1 Neighborhood Commercial Zone) of Amusement parks the Carlsbad Municipal Code, Section 21.26.01 5 (Uses and structures permitted by conditional use permit) is repealed and Section 21.26.010 (Permitted uses) is amended to read as follows: “21.26.010 Permitted Uses. 3 A. In a C-1 zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones “office” is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this C-1 Neighborhood Commercial Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. B. C. D. Aquaculture (defined: Sec. 21.04.036) 2 -43- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Arcades - coin operated (Subject to Sec. Athletic clubs, gymnasiums, health clubs, .and Attorneys Barbershops or beauty parlors Biological habitat preserve (Subject to Sec. Book or stationery stores Bowling alley (Subject to Section 21.42.140.B.035) Campsites (overnight) (Subject to Sec. 21.42.140.B.015) (defined: Sec. 21.04.091) physical conditioning businesses Bakeries 21.42.140.B.030) (defined: Sec. 21.04.048) (defined: Sec. 21.04.057) 1 X X X X 2 X 2 2 21.42.140.B.040) Car wash (Subject to Section 21.42.140.B.045) 2 Cemeteries Chapter 21.83 of this Title. monasteries, and other places of worship within a cemetery) Child day care centers, subject to the provisions of Churches, synagogues, temples, convents, Columbariums, crematories, and mausoleums (not Delicatessen (defined: Sec. 21.04.106) Doctors, dentists, optometrists, chiropractors and -44- 3 X 2 2 X X laboratories Dressmaking or millinery shops Drive-thru facility (not restaurants) X 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Laundries or clothes cleaning agencies Laundromats Liquor store (Subject to Sec. 21.42.140.B.085) (defined: Sec. 21.04.203) Meat markets Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined Section 21.04.265) Mortuaries Packinglsorting sheds >600 square feet (Subject to Sec. 21.42.140.B.070) Paint stores Pawnshops (Subject to Sec. 21.42.140.B.105) Pet supply shops Pool halls, billiards parlors (Subject to Sec. Private clubs, fraternities, sororities and lodges, Public/quasi-public buildings and facilities and 21.42.104.B.110) (defined: Sec. 21.04.292) excepting those the chief activity of which is a service customarily carried on as a business accessory utility buildings/facilities (defined: Sec. 21.04.297) Racetracks Radio/television/microwave/ broadcast statiodtower Realtors Recreation Facilities Recycling collection facilities, large (Subject to Chapter 21.105 of this Title) (defined: Sec. 2 1 . 1 05.0 1 5) Recycling collection facilities, small (Subject to Chapter 21 .lo5 of this Title.) (defined : Sec. 21.105.01 5) Residential uses located above the ground floor of a multi-story, commercial building (Subject to Section 21.42.140.B. 130) Restaurants (bona fide public eating establishment) (Defined: Sec.21.04.056) Restaurants (excluding drive-thru restaurants), tea rooms or cafes (excluding dancing or entertainment and on-sale liquor) Satellite television antennae (Subject to Sec. X X 2 X 2 2 1 X X 2 2 X 2 2 2 2 2 X 1 2 X X X Tailors, clothing or wearing apparel shops Tattoo parlors (Subject to Sec. 21.42.140.B.140) Theaters (motion picture or live) - indoor) Theaters, stages, amphitheaters - outdoor Thrift shops (Subject to Sec. 21.42.104.B.150) Transit passenger terminals (bus & train) Veterinary clinic/animal hospital (small animals) -45- X 2 2 2 2 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (defined: Sec. 21.04.378) Windmills (exceeding height limit of zone) (Subject to Sec. 21.42.140.B.160) Wireless communications facilities (Subiect to Sec. 2 1 I2 21.42.140.165) (defined: Sec. 21.04.3j9) Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 2 Notes: 1.All uses shall be conducted wholly within a building except such uses as gasoline stations, electrical transformer substations, nurseries for sale of plants and flowers and other enterprises customarily conducted in the open; 2. Products made incident to a permitted use shall be sold only at retail on the premises, and not more than five persons may be employed in the manufacturing, processing and treatment of products permitted herein; 3. Storage shall be limited to accessory storage of commodities sold at retail on the premises.” USE P Accountants X Administrative and executive off ices X Advertising agencies X SECTION XX: That Chapter 21.27 (0 Office Zone) of the Carlsbad Municipal CUP Acc Code, Section 21.27.030 (Uses and structures permitted by conditional use permit) is repealed and Section 21.27.020 (Permitted uses) is amended to read as follows: “21.27.020 Permitted Uses. A. In an 0 zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones “office” is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this Office Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. B. C. D. TABLE A PERMllTED USES In the table, below, subject to all applicable permitting and development requirements of the -46- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.42.140.B.030) (defined: Sec. 21.04.048) Cemeteries Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Agricultural farm worker housing (temporary) (Subject to 2 3 Churches, synagogues, temples, convents, monasteries, and other places of worship Columbariums, crematories, and mausoleums (not within a cemetery) Commercial artists Company and corporate headquarters Delicatessen (defined: Sec. 21.04.106) Dentists, doctors, chiropractors and incidental related uses such as pharmacies (prescription only), biochemical, X-ray laboratories, medical offices and clinics (excluding hospitals) ____ Drive-thru facilities (not restaurants) Educational facilities, other (defined: Sec. 21.04.137) Educational institutions or schools, public/private (defined: Electronic data processing and record keeping services Fairgrounds General contractor (offices only, no equipment or material ____ ~~~ Sec. 21.04.140) 2 2 X X X 1 2 1 2 X X 3 storage) Golf courses commercial facilities such as blueprint and photocopy I I I I 2 shops and duplicating services 21.42.140.B.070). Packingkorting sheds > 600 square feet (Subject to Sec. Parking facilities (primary use) (Le.: day use, short-term, -47- 1 X 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 non-storage) Photographers Public/quasi-public buildings and facilities and accessory utilitv buildinas/facilities (defined: Sec. 21.04.297) X 2 Radio/television/microwave/ broadcast station/tower Real estate and related services Recreation facilities Restaurants (bona fide public eating establishment) (Subject to 21.42.140.6.) (Defined: Sec.21.04.056) Satellite television antennae subject to the provisions of Section 21 53.130 of this code Signs subject to the provisions of this chapter and Chapter 2 2 2 X X X 21,41 Stadiums Stockbrokers .. Sec. ii .04.400j - 3 X SECTION XXI: That Chapter 21.28 (C-2 General Commercial Zone) of the Title and trust companies Transit passenger terminals (bus & train) Travel agencies Veterinary cliniclanimal hospital (small animals) (defined: Sec. 21.04.378) Windmills (exceeding height limit of zone) (Subject to 21.42.140.B.160) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Carlsbad Municipal Code, Section 21.28.01 5 (Uses and structures permitted by conditional use X X 2 1 2 1 /2 2” permit) is repealed and Section 21.28.010 (Permitted Uses) is amended to read as follows: “21.28.01 0 Permitted Uses. A. In a C-2 zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be su”bject to the provisions of Chapter 21.42. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones “office” is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this C-2 General Commercial Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. B. C. D. Ill -48- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UYt TABLE A PERMITTED USES In the table, below, subject to all applicable permitting and development requirements of the Municipal Code: 0 "P" indicates use is permitted "CUP indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process P 1 - 0 "Acc" indicates use is permitted as an accessory use. . .-- Any use permitted in the C-1 zone Aquaculture (defined: Sec. 21.04.036) Arcades - coin operated (Subiect to Section X -. -. . 21.42.140.B.02) Airports Alcoholic treatment centers 21.42.140.B.015) (defined: Sec. 21:04.091) conditioning businesses Bars, cocktail lounges (Subject to Sec 21.42.140.B.020) (defined: Sec. 21.04.041) Biological habitat preserve (Subject to Sec. 21.42.140.B.030) (defined: Sec. 21.04.048) Bowling alley (Subject to Section 21.42.140.B.035) Athletic clubs, gymnasiums, health clubs, and physical Auto repairing Blueprinting, photocopying and duplicating services Amusement Darks 1 X X X Churches, synagogues, temples, convents, monasteries, and other places of worship Columbariums, crematories, and mausoleums (not within a cemetery) Commercial printing and photoengraving Delicatessen (defined: Sec. 21.04.106) Educational facilities, other (defined: Sec. 21.04.137) Drive-thru facilities (not restaurants) Educational institutions or schools, public/private (defined: Sec. 21.04.140) Fairgrounds Gas stations (Subject to Section 21.42.140.8.065). Golf courses Greenhouses > 2,000 square feet (Subject to Sec. 2 1.42.140.B.070) Hospitals (defined: Sec 21.04.170) Hospitals (mental) (defined: Sec. 21.04.175) Hotels and motels (Subject to Sec. 21.42.140.B.080) X X X (defined: Sec.-21..04.057) Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Car wash (Subject to Sec 21.42.140.B.045) Cemeteries 1 -49- 21 2 2 2 3 1 21 21 21 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Liquor store (Subject to Sec. 21.42.140.B.085) (defined: I 2 .. Sec 21.04.203) ldefined Section 21.04.265) Mortuaries 21.42.140.B.070) Mobile buildings (Subject to Section 21.42.140.B.090) Packinglsorting sheds > 600 square feet (Subject to Sec. Pawnshops (Subject to Sec 21.42.1 04.8.105) Pet shops Pool halls, billiard parlors (Subject to Section 21.42.140.B.1 IO) (defined: Sec. 21.04.292) Public/quasi-public buildings and facilities and accessory utility buildingsffacilities (defined: Sec. 21.04.297) 2 2 1 2 2 2 X Racetracks Radio/television/microwave/ broadcast statiodtower Recreation facilities Recycling collection facilities, small (Subject to Chapter 21.105 of this Title.) (defined: Sec. 21.105.01 5) Recycling collection facilities, large (Subject to Chapter 21.105 of this Title) (defined: Sec. 21.105.015) Residential uses located above the ground floor of a multi- story, commercial building (subject to Section 21.42.1 40.8.130) Retail, wholesale or service businesses catering directly to the consumer Satellite television antennae subject to the provisions of 2 2 2 1 2 2 X X Note: 1. All uses shall be conducted wholly within a building except such uses as gasoline stations, electrical transformer substations, horticultural nurseries and other enterprises customarily conducted in the open. 2. Products made incident to a permitted use and manufactured or processed on the premises shall be sold only at retail on the premises, and not more than five persons may be employed in such manufacturing, processing and treatment of products. 3. Storage shall be limited to accessory storage of commodities sold at retail on the premises." Section 21.53.130 of this code. Stadiums Signs (Subject to the provisions of Chapter 21.41) -50- X 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 USE Accessory uses/structures, which are customarily facilities) (see note 1, below) (defined: Section 21.04.020) Agricultural farm worker housing (temporary) (Subject to Section 21.42.140.B.002) AirDorts appurtenant to a permitted use (e.g., incidental storage SECTION XXII: That Chapter 21.29 (C-T Commercial - Tourist Zone) of the P CUP Acc X 3 3 Carlsbad Municipal Code, Section 21.29.030 (Permitted uses) is amended to read as follows: (defined: Section 21.04.041) Bed & Breakfasts (Subject to Sec. 21.42.140.025) (defined: Section 21.04.046) Biological habitat preserve (Subject to Sect. 21.42.140.B.030) (defined: Section 21.04.048) Boat launching/docking facilities Botanical gardens L 1 2 2 X -51- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 sq. ft.) HoteMmotels A X Mobile buildings (temporary) (Subject to Section 21.42.140.8.090) (defined: Section 21.04.265) Nightclubs, dance clubs, and other establishments that play Newdmagazine stands (see note 1, below) live or recorded music or make regular use of amplified sound. 2 X 12) Recreation facilities Recycling collection facilities (small) (Subject to Chapter Radio/television/microwave/broadcast statiodtower 1 121 2 1 -52- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.105 of this Title) (defined: Section 21.05.015) Recycling collection facilities (large) (Subject to Chapter 21.105 of this Title) (defined: Section 2145.015) Restaurants, cafes, coffee shops, including take-out only (no drive-thru) Restaurants (located adjacent to residentially developed or designated property, no drive-thru) Retail (specialty - catering to tourists) (e.g., antique stores, bookstores, souvenir/gift/noveIty shops, specialty apparel X shops) Satellite TV antennas, subject to Sec. 21.53.130 - 21 53.150 (see note 1, below) (defined: Section 21.04.302) Services (personal), limited to drycleaners, laundromats, day spas) Signs, subject to Chapter 21.41 (see note 1, below) (defined: Section 21.04.305) Stadiums and personal grooming (e.g., barbershops, beauty salons, X Sporting equipment/apparel sales/rental X Theaters (motion picture or live) - indoor Theaters, stages, amphitheaters - outdoor Timeshare projects (Subject to Sect. 21.42.140.B.155) 2 2 3 2 2 9 (defined: Section 21.04.357) Tourist information centers X 3 X X Transit passenger terminals (bus & train) Travel agencies Vacation rental office Video rental/sales Windmills (exceeding height limit) (Subject to Sect. 21.42.140.B.160) Wireless communications facilities (Subject to Sect. 21.42.140.8.165) Zoos (private) (Subject to Sect. 21.42.140.B.170) 2 X X X 2 1 /2 2 Industrial Zone) of the Carlsbad Municipal Code, Section 21.30.01 1 (Uses and structures permitted by conditional use permit) is repealed and Section 21.30.010, (Permitted uses) is amended to read as follows: "21.30.010 Permitted Uses. A. In a C-M zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development -53- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones "office" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this C-M Heavy Commercial-Limited Industrial Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. B. C. D. TABLE A PERMITTED USES In the table, below, subject to all applicable permitting and development requirements of the Municipal Code: 0 0 "P" indicates use is permitted "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process fined: Sec. 21.04.048 -54- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Building material storage yards Cabinet shops Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Carpet cleaning plants Ceramic products, manufacture of, including figurines, Cemeteries using only previously pulverized clay and kilns fired only X X X--- X 2 3 by electricity or low pressure gas Child day care center (Subject to Chap. 21.83) (defined: 2 Sec. 21.04.086) and other places of worship Churches, synagogues, temples, convents, monasteries, Cleaning and dyeing plants Columbariums, crematories, and mausoleums (not within 2 X 2 -55- a cemetery) Delicatessen (defined: Sec. 21.04.106) X Drive-thru facilities (not restaurants) Dwelling on the same lot on which a factory is located when such dwelling is used exclusively by a caretaker or superintendent of such factory and his family. When such dwelling is established, all required yards in the R-3 zone shall be maintained Sec. 21.04.140) Educational institutions or schools, public/private (defined: Fairgrounds Feed and fuel yards Frozen food lockers Gas stations, subject to Section 21.42.140.8.065 Glass studios, staining, edging, beveling and silvering in connection with sale of mirrors and glass for decorating purposes Golf courses Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070 Hazardous waste facility (subject to Sec. 21.42.140. B.075) defined: Sec. 21.04.167) Hospital, industrial emergency (not full hospital or mental hospital) Kennels Laboratories, experimental, motion picture, testing Laundries Lumber yards (no planing mills and burners); Machine shops 2 X 2 3 X X X 2 2 1 3 X 2 X X X X Mini-warehouses/ self storage Mobile buildings (Subject to Section 21.42.140.B.090) (defined Section 21.04.265) Mortuaries Musical instruments, manufacture of Newspaper/periodical printing & publishing Oil and Gas facilities (on-shore) (Subject to Sec.2 1.42.140. B.095) 2 2 2 2 3 X 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Packing/sorting sheds > 600 square feet (Subject to Sec. Parcel service delivery X Parking facilities (primary use) (Le.: day use, short-term, 2 1.42.1 40. B. 070). 1 1 non-storaael I I I Pawnshops (Subject to Sec 21.42.104.B.105) Plumbing shops and plumbing shop supply yards Pool halls, billiard parlors (Subject to Sec X 2 2 21.42.140.6.1 IO) (defined: 'Sec. 21.04.292) Public scales Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Sec. 21.04.297) Racetracks Radio/television/microwave/ broadcast statiodtower Recreation facilities Recreational vehicle storage (Subject to Sec. 21.42.140.B.120) (defined: Sec. 21.04.299) Recycling collection facilities, large (Subject to Chapter 21.105) (defined: Sec. 21.105.01 5) Recycling collection facilities, small (Subject to Chapter 21.105) (defined: Sec. 21.105.015) Recycling process/cansfer facility Restaurants (bona fide public eating establishment) X 2 2 2 2 1 1 1 2 2 21.42.140.B.160 IDefined: Sec.21.04.056) Satellite antennae (4 per use) (defined: Sec 21.04.302) Satellite television antennae subject to the provisions of 1 x Sec. 21.04.400) 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21.42.140.6.1 70) (defined: Notes: 1. Any use permitted in the Commercial zones is allowed in the C-M zone, except: (A) Hotels, motels and auto 2 courts, (B) Hospitals (however, industrial emergency hospitals are permitted), (C) Residential care facilities, (D) Professional care facilities, (E) Private clubs, fraternities, sororities and lodges, excepting those the chief activity of which is a service customarily carried on as a business, (F) Institutions of a philanthropic or eleemosynary nature, including correctional and mental." -56- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 USE Agricultural farm worker housing (temporary) (Subject to 21.42.140.B.02) Airports Alcoholic treatment centers Any industrial use not specifically permitted herein must be SECTION XXIV: That Chapter 21.32 (M Industrial Zone) of the Carlsbad Municipal Code, Section 21.32.010 (Permitted uses) is amended to read as follows: P CUP Acc 3 3 2 “21.30.010 Permitted Uses. around the city Aquaculture (defined: Sec. 21.04.036) A. In an M zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones “offices” is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this M Industrial Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. B. C. D. 2 TABLE A Auto wrecking yards (defined 21.04.040) PERMllTED USES In the table, below, subject to all applicable permitting and development requirements of the 2 Automobile painting. All painting, sanding and baking shall Biological habitat preserve (Subject to Sec. be conducted wholly within a building Bakeries reviewed as provided in Chapter 21.42 for a conditional use permit in order to locate industry in its proper and available location in the region and prevent conflict with the high degree of residential development existing in and X X ‘2 X Auto storage/impound yards (1.e.: overnight product I Ill -57- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Garment manufacturers Gas stations (Subject to Sec. 21.42.140.B.65) Go If courses Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.6.070) Hazardous waste facility (Subject to Sec. 21.42.140. B.75) X 2 2 1 3 (defined: Sec. 21.04.167)- Hospitals (defined: Sec 21.04.170) Hospitals (mental) (defined: Sec. 21.04.175) 2 2 I Packina/sortina sheds > 600 sauare feet (Subiect to Sec. I Ill I Newspaper/periodical printing & publishing Oil and Gas facilities (on-shore) (Subject to Sec.21.42.140.B.95) -58- 2 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notes: 1. Any use permitted in the C-M zone, except child day care centers, except that a dwelling conforming to the yard requirements of the R-3 zone shall be permitted on the same lot on which a factory is located, and which dwelling is used exclusively by a caretaker or superintendent of such factory and his family 2. Any use that is found to be objectionable or incompatible with the character of the city and its environs due to noise, dust, odors or other undesirable characteristics may be prohibited." SECTION XXV: That Chapter 21.33 (0-S Open Space Zone) of the Carlsbad Municipal Code, Sections 21.33.030 (Permitted accessory uses and structures) and 21.33.040 -59- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 "Acc" indicates use is permitted as an accessory USE Agricultural farm worker housing (temporary) (Subject to Aquaculture (defined: Sec. 21.04.036) Aquaculture stands (displaykale) (Subject to Sec. 21.42.140.B.010) Athletic fields Rarbecue and fire pits Beaches and shoreline recreation, public Bicycle paths Biological habitat preserve (Subject to Sec. Campsites (overnight) (Subject to Sec. 21.42.140.B.040) Changing rooms City picnic areas City playgrounds Clubhouses Columbariums, crematories, and mausoleums (not within a cemetery) Sec. 21.42.140.8.02) 21.42.140.B.030) (defined: Sec. 21.04.048) Cemeteries (Uses and structures permitted by conditional use permit) are repealed, and Section 21.33.020, use. P CUP Acc 3 2 2 2 X X X 2 2 3 X X x X 2 (Permitted uses and structures) is amended to read as follows: "21.33.020 Permitted Uses. A. In a 0-S zone, notwithstanding any other provision of this title, only the use: listed in Table A, below, shall be permitted, subject to the requirements and developmen standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall bf subject to the provisions of Chapter 21.42. A use similar to those listed in Table A may be permitted if the Planning Direct0 determines such similar use falls within the intent and purposes of the zone, and is substantiall) similar to the specified permitted uses. ' A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones "office" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this 0-S Open Space Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. B. C. D. -60- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Cultural activities & facilities Educational institutions or schools, public/private (defined: Sec. 21.04.140) Entertainment activities & facilities Fairgrounds Fallow lands. (Ord. 9461 Q I (part), 1976; Ord. 9385 Q 2 (part), 1974) Fencina Field and seed crops Golf courses Greenhouses > 2,000 square feet (Subject to Sec. 21.42.140.B.070) Horse trails Horticultural crops Marinas Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined ~. Sec. 21.04.265) . Open space easements Orchards and vineyards Other similar accessory uses and structures required for the conduct of the permitted uses (Ord. 9385 Q 2 (part), 1974) Packing/sorting sheds > 600 square feet (Subject to Sec. 21.42.140.B.070). Park. Dublic (Subiect to Sec. 21.42.140.B. 100) Parking areas Parks, public Pasture and rangeland Patios Picnic areas (private) Playground equipment PI ayg rounds/pla yf ields Pool filterina eauiDrnent Public access easement, nonvehicular Public lands Public restrooms Public/quasi-public buildings and facilities and accessory utilitv buildinas/facilities (defined: Sec. 21.04.297) Radio/teIevision/microwave/ broadcast station/tower Recreation facilities Recycling collection facilities, large (Subject to Chapter 21.105 of this Title) (defined: Sec. 21.105.015) Recycling collection facilities, small (Subject to Chapter 21.105 of this Title.) (defined: Sec. 21.105.01 5) Scenic easements Slope easements StablesIRiding Academies (defined: Sec. 21.04.31 0 and - 21.04.31 5) Stadiums Stairways, Swimming pools Tennis courts -61- 2 3 X X X 2 1 X I lI I 2 I X X 2 X I I/ XI I I 3 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Theaters, stages, amphitheaters - outdoor Transportation rights-of-way Tree farms Truck crops Vista points Windmills (exceeding height limit of zone) (Subject to Wireless communications facilities (Subject to Sec. Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: 21.42.1 40.B. 160) 21.42.140.165) (defined: Sec. 21.04.379) 2 X X X X 2 1 I2 2” .. I Sec. 21.04.400) USE P Accessory uses and structures where related and Accountants (See note 1 below) incidental to a permitted use X SECTION XXVl: That Chapter 21.34 (P-M Planned Industrial Zone) of the CUP Acc X Carlsbad Municipal Code, Sections 21.34.030 (Conditional uses) and 21.34.040 (Residential uses permitted by conditional use permit) are repealed, and Section 21 3.020 (Permitted uses) is amended to read as follows: “21.34.020 Permitted Uses. A. In a P-M zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones “offices” is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this P-M zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. B. C. D. -62- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Administrative offices associated with and accessory to a Administrative offices (See note 1 below) , Advertising agencies (See note 1 below) Advertising-direct mail (See note 1 below) Agricultural consultants (See note 1 below) Agricultural farm worker housing (temporary) (Subject to Air courier service (See note 1 below) Airlines offices, general offices (See note 1 below) permitted use Sec. 21.42.140.B.02) X X X X -- x 3 X X Churches, synagogues, temples, convents, monasteries, Civil engineers (See note 1 below) Collection agencies (See note 1 below) Columbariums, crematories, and mausoleums (not within and other places of worship 2 X X 2 -63- a cemetery) Commercial artists (See note 1 below) Commodity brokers (See note 1 below) Communications consultants (See note 1 below) X X X 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Data processing service (See note 1 below) Data systems consultants (See note 1 below) Delicatessen (defined: Sec. 21.04.106) X X I Data communication service (See note 1 below) Ix 1 I I 1 Geophysicists (See note 1 below) Golf courses Government contract consultants (See note 1 below) Government facilities and offices Governmental agencies (general and administrative offices only) (See note 1 below) Graphics designers (See note 1 below) X X X X X 2 -64- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Greenhouses > 2,000 square feet (Subject to Sec. Hazardous waste facility (Subject to Sec. 21.42.140. 8.75) Hospitals (defined: Sec 21.04.170) Hospitals (mental) (defined: Sec. 21.04.175) Hotels and motels (Subject to Sec. 21.42.140.B.80) Human factors research and development (See note 1 Human services organization (administrative offices only) Importers (See note 1 below) Incorporating agency (See note 1 below) Industrial medical (workers comp.) (See note 1 below) Information bureaus (See note 1 below) Insurance companies (administrative offices only) (See Interior decorators and designers (no merchandise storage Investigators (See note 1 below) Investment advisory (See note 1 below) Investment Securities Kennels 21.42.140.B.70) (defined: Sec. 21.04.167) below) (See note 1 below) note 1 below) permitted) (See note 1 below) 1 3 2 2 2 X X X X X X X X X X X 2 non-storage) Patent searchers (See note 1 below) Pension and profit sharing plans (See note 1 below) Personal service bureau (See note 1 below) Photographic (industrial and commercial only) (See note 1 I X X X X -65- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Printing services (See note 1 below) Product development and marketing (See.note 1 below) Public relations services (See note 1 below) Public utility companies (See note 1 below) PubWquasi-public buildings and facilities and accessory below) I I I I X X X X 2 utility buildingsffacilities (defined: Sec. 21.04.297) Publicity services (See note 1 below) Publishers representatives (See note 1 below) X X Racetracks Radio/television/microwave/ broadcast stationltower note 1 below) Radio communications (See note 1 below) Real estate brokers (commercial and industrial only) (See Real estate developers (See note 1 below) Recording service (See note 1 below) Recreational vehicle storage (Subject to Sec. Recycling collection facilities, small (Subject to Chapter Recycling collection facilities, large (Subject to Chapter Recycling process/transfer facility Relocation service (See note 1 below) Repossessing service (See note 1 below) Research and testing facilities Research labs (See note 1 below) Residential uses in P-M Zone (Subject to Sec. 21.42.140.8.135) Restaurants (bona fide public eating establishment - defined: Sec.21.04.056) Retail uses Retirement planning consultants (See note 1 below) Safety consultants (See note 1 below) Sales training and counseling (See note 1 below) Satellite antennae (>1 per use) (defined: Sec 21.04.302) Satellite television antennae (Subject to Sec. 21 253.1 30) Searchers of records (See note 1 below) Securities systems (See note 1 below) Security firms (See note 1 below) Signs (Subject to Chapter 21.41) Sound system consultants (See note 1 below) Space planning consultants (See note 1 below) Space research and developments (See note 1 below) Stadiums Stock and bond brokers (See note 1 below) Storage, wholesale and distribution facilities Surveyors (See note 1 below) Tax service and consultants (no consumer oriented uses) Recreation facilities 21.42.140.B.120) (defined: Sec. 21.04.299) 21.105 of this Title.) (defined: Sec. 21.105.01 5) 21.105 of this Title) (defined: Sec. 21.105.01 5) fSee note 1 below) -66- 2 2 X X X X 2 1 1 2 2 X X X X 3 2 2 X X X x X X X X X X X X X X X 1 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sec. 21.04.378) 21.42.140.B. 160) Windmills (exceeding height limit of zone) (Subject to Wireless communications facilities (Subject to Sec. 2 1 /2 21.42.140.165) (defined: Sec. 21.04.379) Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: I Sec. 21.04.4001 I I I 2 Notes: 1. Business and professional offices which are not retail in nature, do not cater to the general public, and do not generate walk-in or drive-in traffic, and are incidental to the industrial uses in the vicinity.” SECTION XXVl: That Chapter 21.36 (P-U Public Utility Zone) of the Carlsbad Municipal Code, Section 21.36.1 10 (Uses and structures permitted by conditional use permit) is repealed and Section 21.36.020 (Permitted uses) is amended to read as follows: “21.36.020 Permitted Uses. A. In a P-U zone, notwithstanding any other provision of this title, only the use: listed in Table A, below, shall be permitted, subject to the requirements and developmen standards specified by this chapter, and subject to the provisions of Chapter 21.44 governins off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21 -42. A use similar to those listed in Table A may be permitted if the Planning Directo determines such similar use falls within the intent and purposes of the zone, and is substantiall] similar to the specified permitted uses. A use category may be general in nature, where more than one particular use fit: into the general category (ex: in some commercial zones “office” is a general use category tha applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this P-U Zone (even under a genera use category) unless it is specifically listed in Table A of this Chapter as permitted o conditionally permitted. B. C. D. //I ill ill I// -67- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .- USE TABLE A P CUP I Acc PERMllTED USES I In the table, below, subject to all applicable permitting and development requirements of the Any other use which the planning commission or city council may determine to be similar to the permitted uses in the zone and to fall within the intent and purposes of the zone (See Note 1) Aquaculture (defined: Sec. 21.04.036) Aquaculture stands (display/sale) (Subject to Sec. 21.42.140.B. IO) Biological habitat preserve (Subject to Sec. Municipal Code: 0 0 .- 'PI' indicates use is permitted "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission hearing process 3 = City Council hearing process X 2 2 2 21.42.140.B.30) (defined: Sec. 21.041048) Campsites (overnight) (Subject to Sec. 21.42.140.B.40) Agricultural farm worker housing (temporary) (Subject to Sec. 21.42.140.B.02) Agriculture: Only the following agricultural uses, and buildings accessory to such agricultural uses, are permitted in the P-U zone: (a) Field and seed crops, (b) Truck crops, (c) Horticultural crops, (d) Orchards and vineyards, (e) Pasture and rangeland, (9 Tree farms, (9) Fallow lands, (h) Greenhouses; AirDorts 2 Alcoholic treatment centers I I 2 I Cemeteries Columbariums, crematories, and mausoleums (not within 3 2 Hospitals (defined: Sec 21.04.170) Hospitals (mental) (defined: Sec. 21.04.175) Mobile buildings (Subject to Section 21.42.140.B.090) Packingkorting sheds > 600 square feet (Subject to Sec. (defined Section 21.04.265) 2 2 2 1 -68- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.42.140.8.70). Petroleum products pipeline booster stations Processing, using and storage of: (a) .Natural gas, (b) Liquid natural gas, (c) Domestic and agricultural water supplies; Public utility district maintenance, storage and operating facilities X X X Recreation facilities Recreational facilities (public or private, passive or active); Recycling collection facilities, large (Subject to Chapter 2 X - 2 21.105 of this Title) (defined: Sec. 21.105.01 5) Recycling collection facilities, small (Subject to Chapter rmitted any use which creates noxious gas or odor, excessive sound vibration or 1 SECTION XXVlI: That Chapter 21.37 (RMHP Residential Mobile Home Park Zone) of the Carlsbad Municipal Code, Section 21.37.020 (Permitted uses) is amended to read as follows: “21.37.020 Permitted Uses. .* A. In an RMHP zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses. 6. C. Ill -69- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 USE P Aquaculture (defined: Sec. 21.04.036) 21.53.084) 21.53.085) Biological habitat preserve (Subject to Sec. Animal keeping (household pets) (Subject to Section Animal keeping (wild animals) (Subject to Section 21.42.140.8.30) (defined: Sec. 21.04.048) Buildings incidental to a mobile home park (ex. TABLE A CUP Acc 2 X X 2 PERMITTED USES In the table, below, subject to all applicable permitting and development requirements of the recreational buildings, laundry facilities, etc.) Campsites (overnight) (Subject to Sec. 21.42.140.B.40) X 2 Cemeteries Churches, synagogues, temples, convents, monasteries, and other places of worship Educational institutions or schools, public/private (defined: Sec. 21.04.140) Family day care home (large) (Subject to Chapter 21.83 (defined: Section 21.04.147) Family day care home (small) (Subject to Chapter 21.83 (defined: Section 21.04.148) Golf courses Greenhouses > 2,000 square feet (Subject to Sec. 3 2 2 X X 2 1 21.42.140.B.70) Home occupation (Subject to Section 21.10.040) Mobile buildings (Subject to Sec. 21.42.140.B.90) (defined X 2 .. Section 21.04.265) Mobile home accessory structures (defined: Section 21.04.267) Mobile home parks (See note 2, below) Packing/sorting sheds > 600 square feet (Subject to Sec. X X 1 -70- 21.42.140.B.70). utility buildings/facilities (defined: Sec. 21.04.297) Satellite TV antennae (Subiect to Sections 21.53.130-- PubWquasi-public buildings and facilities and accessory 2 21 53.150) (defined: Section 21.04.302) Signs, subject to Chapter 21.41 (defined: Section Temporary building/trailer (real estate or construction) 21.04.305) (Subject to Sections 21 53.090 and 21 53.1 10) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) X X X 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 21.04.400) 2 Carlsbad Municipal Code, Section 21.39.020 (Permitted uses) is amended to read as follows: USE Animals and poultry - small (less than 25) (See note 2) Cattle, sheep, goats, and swine production (See note 3) Crop production Family day care home (large and small) (Subject to Ch 21.83 of this Title) Floriculture Greenhouses. less than 2.000 sauare feet) "21.39.020 Permitted Uses. P CUP Acc X X X X X X A. In an L-C zone, notwithstanding any other provision of this title, only the use: listed in Table A, below, shall be permitted subject to the requirements and developmen standards specified in this chapter, and subject to the provisions of Chapter 21.44 governing off. street parking requirements. A use similar to those listed in Table A may be permitted if the Planning Directoi determines such similar use falls within the intent and purposes of this zone, and is substantial11 similar to the specified permitted uses. A use category may be general in nature, where more than one particular use fit: into the general category (ex: in some commercial zones "office" is a general use category tha applies to various office uses). However, if a particular use is permitted by conditional USE permit in another zone, the use shall not be permitted in this Limited Control Zone (even under i general use category) unless it is specifically listed in Table A of this Chapter as permitted. B. C. Horses, private use Nursery crop production X X -71 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Other uses or enterprises similar to the above customarily Produce stand for display and sale of products produced carried on in the field of agriculture on the same premises (See note 4) Tree farms Truck farms X X X X I Notes: 1. Farm worker housina: Provided the number of units shall not exceed two Der aross acre of land area and no I I” such housing is locatedcloser than fifty feet from any lot line. 2. Small animals and poultry: Provided that not more than twenty-five of any one or combination thereof shall be kept within fifty feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. 3. Cattle, small animals, etc: Provided that the number of any one or combination of said animals shall not exceed one animal per half acres of lot area. Said animals shall not be located within fifty feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. 4. Produce stands: Provided that the floor area shall not exceed two hundred square feet and is located not nearer than twenty feet to any street or highway. 5. Accessory uses/ structures: Include but are not limited to: private garages, children’s playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, offices, coops, lath houses, stables, pens, corrals, and other similar accessory uses and structures required for the conduct of the permitted uses. 6. Mobile home: Certified under the National Mobile home construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety Code.” SECTION XXIX: That Chapter 21.31 (C-L Local Shopping Center Zone) of the Carlsbad Municipal Code, Section 21.31.30 (Permitted Uses) is amended to read as follows: “21.31.030 Permitted uses. A. B. C. In the C-L zone only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapters 21.42 and 21 SO. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of this zone, and is substantially similar to the specified permitted uses. A use category may be general in nature, where more than one particular use fits inb the general category (ex: in some commercial zones “offices” is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this C-L zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or conditionally permitted. D. TABLE A USES PERMllTED IN THE C-L Zone In the table, below, subject to all applicable permitting and development requirements of the Municipal Code: “P indicates the use is permitted. permit. “CUP” indicates that the use is permitted with approval of a conditional use -72- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 "Acc" indicates the use is permitted as an USE appurtenant to a permitted use (ex: incidental storage facilities (See note 1, below) (defined: Sec. 21.04.020) (private or non-private) 21.42.1 04. B. 145) Alcoholic treatment center herein (CF- Community Facilities Zone) 21.42.140.B.015) (defined: Sec. 21.04.091) Accessory buildings/structures, which are customarily Adult and/or senior daycare and/or recreation facility Agricultural farm worker housing (temporary) (Subject to All uses permitted in Chapter 21.25 not otherwise listed Arcades - coin operated (Subject to Section Athletic clubs, gymnasiums, and health clubs Bars, cocktail lounges (Subject to Section 21.42.140.B.020) Biological habitat preserve (Subject to Sec. Bowling alley (Subject to Section 21.42.140.B.035) Car wash (Subject to Section 21.42.140.B.045) Child day care centers (Subject to Chapter 21.83) (defined: Clubs - non-profit; business, civic, professional, etc. Drive-through facilities (non restaurant) (defined: Sec. 21.04.041) 21.42.140.B.030) (defined: Sec. 21.04.048) (defined: Sec. 21.04.057) Sec: 21.04.086) (defined: Sec. 21.04.090) Educational facilities, other (defined: Sec. 21.04.1 37 (See , accessory use. P CUP ACC X 2 3 2 -- 2 1 X 2 2 2 2 X 2 2 21.42.1 40.B.070) Kiosks, vending carts, and push carts (see Note 1, below) Liquor store (Subject to Sec. 21.42.140.8.085) (defined: Man"ufacturing/fabrication of goods (ancillary) (Subject to medical practitioners, clinics, incidental laboratories, and Mobile buildings (Subject to Section 21.42.140.B.090) Newslmagazine stands (see Note 1, below) Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified sound. Ofice uses. that Drovide services directlv to consumers. Sec 21.04.203) Section 21.31.070) (see Note 1, below) Medical uses (excluding hospitals), including offices for pharmacies (prescription only) (defined Section 21.04.265) -73- X 2 X X 2 X 2 X 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 including, but not limited to, banking, financial, insurance, and real estate services, (See note 3, below) Outdoor dining (incidental) (Subject to Section 21.26.01 3) Outdoor sales of seasonal agricultural goods (Christmas Packing/sorting sheds > 600 square feet (Subject to Sec. trees, pumpkins, and similar products) (Subject to Section 21.31.080(L) (See note 1, below) 21.42.140.8.070) X X 1 I Pet shops/pet supplies Plant nurseries and nursery supply Pool halls, billiard parlors (Subject to Section X 1 2 21.42.104.8.1 10) (defined: Sec. 21.04.292) Public meeting halls, exhibit halls, and museums Public/quasi-public buildings and facilities and accessory 2 2 through 21.53.150) Services, provided directly to consumers, and focusing on utility buildings/ facilities (defined: Sec. 21.04.297) Radio/teIevision/microwave/broadcast station/tower 21.105 of this Title) (defined: Sec. 21.105.01 5) (Subject to Chapter 21.105 of this Title. See also Section 21.31.080 of this Chapter) (defined: Sec. 21.105.015) 21.105 of this Title. See also Section 21.31.080 of this Chapter) (defined: Section 21.105.025) (see Notel, below) I Recycling collection facilities, large (Subject to Chapter Recycling facilities, small (collection, temporary storage) Recycling, reverse vending machine (Subject to Chapter Religious reading room (separate from church Residential uses located above the ground floor of a multi- Restaurants, cafes, and coffee shops, including take-out Retail uses that provide goods sold directly to consumers, story, commercial building (subject to Section 21.42.140.8.130) only service (no drive-through) and focusing on the needs of the local neighborhood, the needs of the local neighborhood, including, but not limited to, personal grooming, dry cleaning, and tailoring 2 2 1 X 1 2 X X including sales of liquor (See Note 4, below) Satellite television antennas (Subject to Sections 21 53.130 X -74- services. Signs (Subject to Chapter 21.41 of this Title) Temporary building/trailer (construction) (Subject to Theaters (motion picture or live) - indoor Theaters, stages, amphitheaters - outdoor Veterinary clinic/animal hospital (small animals) (defined: Section 21.53.1 10) Sec. 21.04.3781 X x 2 2 1 Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 1 /2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 USE Agriculture (See note 2 below) Light-rail transit related facilities (See note 1 below) Parking lots Public streets. (Ord. 9818 Q 1 (part), 1986) Railroad museum Railroad tracks and related facilities Notes: 1. Accessory buildings and structures and ancillary uses shall be developed as an integral part of a permitted use P CUP Acc X X X X 2 2 -. within or on the same structure or parcel of land. 2.Educational facilitiedschools. No individual school shall occupy more than 10,000 sq. ft. of gross leaseable floor area within any local shopping center. 3.Offices. The total floor area of an office uses shall not exceed 40% offhe gross leaseable floor area within any local shopping center. 4.Retail sales may also include those types of goods and services that are typically offered by ‘community” retail establishments, when “community” retail establishments are included in the local shopping center, subject to the definition of a local shopping center, Section 21.31.020, and the function of the Local Shopping Center land use class as described in the Carlsbad General Plan.” SECTION XXX: That Chapter 21.100 (T-C Transportation Corridor Zone) of the Carlsbad Municipal Code, Section 21.100.030 is repealed, and Section 21.100.020 is amended to read as follows: “21.100.020 Permitted Uses. A. In a T-C zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street parking requirements. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42. A use similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses. A use category may be general in nature, where more than one particular use fits into the general category (ex: in some commercial zones “office” is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this T-C Zone (even under a general use category) unless it is specifically listed in Table A of this Chapter as permitted or :onditionally permitted. B. C. D. -75- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Recreational facilities (public) (See note 3 below) Recreation use open to the public (See note 4 below) Signs, except for billboards, subject to the, provisions of X X 2 Notes: 1. Consisting of: (A) Tracks, (B) Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources, (C) Maintenancekepair facilities, (D) Stations; 2. Only the following agricultural uses, and buildings accessory to such agricultural uses, are permitted in the T- C zone: (A) Field and seed crops, (B) Truck crops, (C) Horticultural crops, (D) Orchards and vineyards, (E) Tree farms, (F) Fallow lands; 3. 4. Limited to: (A) Passive open space, (B) Bicycle paths, (C) Pedestrian trails; Tennis courts, picnic areas and similar temporary uses.“ SECTION Xxxl: That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of Section 21.04.379 to read as follows: “21.04.379 Wireless communication facility. ‘Wireless communication facility’ means any component, including antennas and all related equipment, buildings, and improvements for the provision of personal wireless services defined by the Federal Telecommunications Act of 1996 and as subsequently amended. Personal wireless services include but are not limited to cellular, personal communication services (PCS), enhanced specialized mobile radio (ESMR), paging, ground based repeaters for satellite radio services, micro-cell antennae and similar systems which exhibit technological characteristics similar to them.” Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Y -76- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION XXXII: That the findings of the Planning Commission as set forth in Planning Resolution constitute the findings of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause iUo be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective within the Cify’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2006, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of AYES: NOES: ABSENT: ABSTAIN: 2006, by the following vote, to wit: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -77- CUP Master List - All Zones.xls - Updated: 01/05/06 2 This table is for reference only; not to be part of final code TABLE "A" PROPOSED CONDITIONAL USES AND APPROVAL AUTHORITY REVISIONS I CONDITIONALLY ALLOWED USES, BY ZONES I GROUPLAND USE I E-A I R-A I R-E I R-1 I R-2 I R-3 IRD-MI R-T I R-W IRMHPI R-P(R)I R-P(0) I 0 I C-1 I C-2 I C-T I C-M 1 M I P-M I P-U I 0-S I C-F I C-L 1 11 2 222 222 211 11 Au tomotiveNehicleLRVPa rking Uses ~ 0 (*) KEY: 0 = Former CUP, no longer allowed use; 1 = Admin.; 2 = Planning Commission; 3 = City Council; P = Former CUP, now permitted use Page 1 CUP Master List - All Zones.xls - Updated: 01/05/06 CROUPLAND USE E-A R-A R-E R-1 R-2 z Zoos (private) (Subject to Sec. 21.42.140.B.l7O)(defined: Sec. 21.04.400) This table is for reference only; not to be part of final code TABLE "A" PROPOSED CONDITIONAL USES AND APPROVAL AUTHORITY REVISIONS I CONDITIONALLY ALLOWED USES. BY ZONES I R-3 RD-M R-T R-W RMHP R-P( R) R-P(0) 0 C-1 C-2 2222222222 2 2 222 ~~ Recreation/Entertainrnent Amusement parks 0 Arcades - coin operated (Subject to Section 21.42.140.B.15) (defined: Sec. 21.04.091) Athletic fields Bait shop (accessory to rec. facility) Bars, cocktail lounges (Subject to Section 21.42.140.B.20) (defined Sec. 21.04.041) Boat launchingldocking facility Boat rides Bowling alley (Subject to Section 21.42.140.B.35) (defined: Sec. 21.04.057) 0 2222222 Campsites (overnight) (Subject to Se 2 1.42.140.B.40 Cultural activities & facilitie Entertainment activities & facilitie Escort service (Subject to Sectio Games of skill Marinas Nightclubs, dance clubs, and other establishments that play live or recorded music or make regular use of amplified sound. Parks, private Picnic areas (private) Playgrounddplayfields 21.42.140.B.l lO)(defined: Sec. 21.04.292 iol I I I I I Pool halls, billiard parlors (Subject to Sectio I Racetracks1 0 I I I I I I 212 --I- + 212 I l2 + + + 313 i 22 212 212 I 21 + (*) KEY: 0 = Former CUP, no longer allowed use; 1 = Admin.; 2 = Planning Commission; 3 = City Council; P = Former CUP, now permitted use Page 2 CUP Master List - All Zones XIS - Updated: 01/05/06 This table is for reference only; not to be part of final code TABLE “A“ PROPOSED CONDITIONAL USES AND APPROVAL AUTHORITY REVISIONS Sporting goods shop (acc to rec facility Medicamealth Uses Alcoholic treatment centers 0 222 22220 2 2 2PPP 2 P Athletic clubs, gymnasiums, health clubs, and physical conditionaing businesses Hospitals (defined Sec 21 04 170) 0 222 22220 Hospitals (mental) (defined Sec 21 04 175) 0 222 2 2 2 2’0 (*) KEY: 0 = Former CUP, no longer allowed use; 1 = Admin.; 2 = Planning Commission; 3 = City Council; P = Former CUP, now permitted use Page 3 CUP Master List - All Zones.xls - Updated: 01/05/06 GROUPLAND USE Residential uses located above the ground (subject to Section 21.42.140.B.130) Timeshare projects (Subject to Sec. 21.42.140.B.155) (defined: Sec. 21.04.357) floor of a multi-story, commercial building This table is for reference only; not to be part of final code E-A R-A R-E R-1 R-2 R-3 RD-M R-T R-W RMAP R-P(R) R-P(0) 0 C-1 C-2 C-T C-M M P-M P-U 0-S C-F C-L c 22 2 333 3 0 33 TABLE "A" PROPOSED CONDITIONAL USES AND APPROVAL AUTHORITY REVISIONS I CONDITIONALLY ALLOWED USES, BY ZONES I (*) KEY: 0 = Former CUP, no longer allowed use; 1 = Admin.; 2 = Planning Commission; 3 = City Council; P = Former CUP, now permitted use Page 4 CUP Master List - All Zones.xls - Updated: 01/05/06 Mini-warehoused self storage Mobile buildings (Subject to Section 21.42.140.8.90) (defined Section 21.04.265) Mortuaries Pawnshops (Subject to Sec 21.42.104.8.105) Refreshment facilities' Restaurants (bons fide public eating establishment) (Defined: Sec.2 1.04.056) TABLE "A" 0 000 22200 2222222222 2 2 22222222222 0 0 22 220 0 022 22000 1 2P 2 2 This table is for reference only; not to be part of final code PROPOSED CONDITIONAL USES AND APPROVAL AUTHORITY REVISIONS I CONDITIONALLY ALLOWED USES, BY ZONES c GROUPLAND USE I E-A I R-A I R-E I R-1 I R-2 I R-3 I RD-MI R-T I R-W I RMHPl R-P( R) I R-P(0) I 0 I C-1 I C-2 I C-T I C-M I M I P-M I P-U I 0-S I C-F I C-L CUP Master List - All Zones.xls - Updated: 01/05/06 GROUPLAND USE Restaurants (located adjacent to residentially th) developed or designated property, no drive- Retail uses Tanoo parlors (Subject to Sec 21 42 140B 140) Thrift shops (Subject to Sec 21 42 104 B 150) Windmills (exceeding height limit of zone) (Subject to 21 42 140 B 160) This table is for reference only; not to be part of final code CONDITIONALLY ALLOWED USES, BY ZONES E-A R-A R-E R-1 R-2 R-3 RD-M R-T R-W RMHP R-P(R) R-P(0) 0 C-1 C-2 C-T k-M M P-M P-U 0-S C-F C-L 2 i 2 0 022 22000 0 022 22000 2 222222222 2 Radio/television/microwave/ broadcast statiodtower Satellite antennae (>I per use) (defined Sec 21.04.302) Wireless communications facilities (Subject to Sec. 21.42.140.165) (defined: Sec. 21.04.379) 112 112 112 112 112 112 112 112 112 112 112 2 222222222 2 111 112 112 112 112 112 112 112 112 112 112 112 112 Industrial Used Heaw Commercial (*) KEY:, 0 = Former CUP, no longer allowed use; 1 = Admin.; 2 = Planning Commission; 3 = City Council; P = Former CUP, now permitted use Page 6 Educational institutions or schools, publidprivate (defined: Sec. 21.04.140) Educational facilities, other (defined: Sec. 21.04.137:, r) KEY: 0 = Former CUP, no longer allowed use; 1 = Admin.; 2 = Planning Commission; 3 = City Council; P = Former CUP, now permitted use Page 7 0222222022 2 2 222222202 1PP P